P.R. Laws tit. 8, § 73
(a) Temporary authorization.— The Secretary or his/her authorized representative may issue a temporary authorization for all newly-created establishments that request a license, upon compliance with the minimum requirements established by §§ 68–78b of this title and its regulations. The temporary authorization shall be issued for a term of not more than six (6) months, at the end of which, if the establishment has complied with the minimum requirements established by §§ 68–78b of this title and by the applicable regulations, it shall be granted the requested license. If the establishment fails to comply with the requirements established by the regulations and the law, the Department of the Family shall impose the fines already established, which shall be adjusted to the severity of the violation, or shall close down the establishment if deemed pertinent in order to ensure the welfare of our children. In the case of a camp with no fixed structure as such and which conducts its activities for a short period during any time of the year, the Secretary shall grant a special authorization, as long as they comply with the minimum requirements provided in §§ 68–78b of this title. Every application, whether a provisional and special authorization as well as the license, shall be include a fee that shall depend on the capacity for services of each institution.
(b) Granting.— The Secretary or his/her authorized representative shall issue a license to any childcare facility that requests it and complies with the norms and requirements established in the regulations promulgated under §§ 68–78b of this title. Each license shall be granted solely to the physical plant and the person or entity named in the application and shall not be transferable nor reassignable. The establishment shall display its license in a place that is visible to the public.
Childcare facilities shall require those candidates for employment, employees or volunteers interested in rendering or who render services in these establishments to be persons who enjoy good repute in the community, and that have not been convicted of a crime. In order to comply with this obligation, the establishments shall request that they present a [non-criminal record certification] at least every six (6) months, and that they authorize an investigation of their conduct with the proper guarantees of confidentiality and due process of law.
On its own initiative or by request of the establishment, the Department may carry out any type of investigation and exact the information necessary, pertinent and essential to gain knowledge of the background of the persons who will work in said childcare facilities. To do so, the Department may request the collaboration of the Police and the Department of Justice in the investigating phase of these applications to ensure that strict consideration be given to all available information on the filing of charges, summons, arrests, verdicts, judgments, dismissals, discontinuances or other final disposition of the cases, or the granting of immunity, amnesty, or pardon related to the commission of criminal acts by these candidates, employees, or volunteers.
When the Puerto Rico Police and the Department of Justice deem it necessary to complete these investigations, they shall have access to the records and reports of verified complaints of mistreatment or negligence or those in the process of investigation concerning every candidate, employee or volunteer personnel interested in rendering or who render services in childcare facilities.
The information obtained through this investigation shall be confidential and shall not be revealed to third [parties].
After the investigation, licenses shall be issued to those establishments whose candidates for employment, employees or volunteers enjoy good repute in the community and do not have a penal record of acts that constitute a crime. For purposes of this provision, violations of §§ 5001 et seq. of Title 9 shall not be considered as crimes, except gross and wanton negligence when driving motor vehicles.
(c) Renewal.— The licenses shall be issued for a period of two (2) years at the end of which they may be renewed if the licensed establishment continues to fulfill the requirements established by §§ 68–78b of this title and its regulations, and requests said renewal no later than fifteen (15) days before its expiration date.
The Department is obliged to take action on these renewals within a period not to exceed thirty (30) days from the date of the application for renewal.
(d) Denial.— The Secretary shall deny an application for an original license or renewal thereof to any operator who does not fulfill the requirements established by §§ 68–78b of this title and the applicable regulations.
When the denial is based on any evidence related to the previous conduct of the candidate, employee or volunteer of an establishment or on the finding of a criminal record, the Department shall notify said establishment and the persons subject to investigation, in writing, of the determination to deny or not to renew the license and the reasons for it, within a period of not more than thirty (30) days from the date of the determination.
(e) Suspension and cancellation.— The Secretary shall have the power to suspend or cancel a license when the establishment does not comply with one or more of the requirements established in §§ 68–78b of this title or the applicable regulations. The action of suspension or cancellation shall be taken under the circumstances and through the procedures established by regulations; Provided, That a license shall never be suspended for a period greater than three (3) months, except as provided in §§ 68–78b of this title for the cancellation of licenses.
(f) Closing of the center.— The Department may order the closing of a child care center when it operates in contravention of this chapter or its regulations, and may forbid the operation of another center with an identical purpose when the permanent closing thereof has been ordered.
History —Feb. 15, 1955, No. 3, p. 10, § 6; May 1, 1964, No. 17, p. 53, § 1; June 24, 1968, No. 121, p. 276, § 2; July 6, 1978, No. 18, p. 410, § 1; July 5, 1988, No. 64, p. 285, § 2; May 21, 1999, No. 120, § 1; Aug. 15, 1999, No. 254, § 1.