P.R. Laws tit. 8, § 1147
When emergency custody has been obtained pursuant to the provisions of § 1133 of this title, or when the child’s situation poses a risk to his/her safety, health, or physical, mental, or emotional integrity, the Department’s social worker or Family Services Technician may appear and, in a general, brief, and simple manner, using the form drafted to such effect by the Office of Courts Administration, testify under oath before a judge of the Court of First Instance as to the specific facts that warrant requesting the protection of the child by removing him/her from the home.
The court shall make the determination it deems to be in the best interests of the child, including an order granting emergency custody to place the him/her immediately under the custody of the Department, to provide him/her with necessary medical treatment, to have provisional child support assigned for his/her benefit, and any other order that the judge deems shall best ensure his/her well-being. The child shall not be taken outside the jurisdiction of Puerto Rico unless a court order is issued to that effect.
The court shall be under the obligation to grant temporary custody to the Department if either the testimony given or the petition shows that the actions carried out by the mother, father, or legal guardian so warrant it, or that there is a risk to the safety or well-being of the child.
In cases where temporary emergency custody is denied by a Municipal Court Judge, the interested party may appear before Family Court at the Superior Court of the Court of First Instance to request an ordinary hearing for the custody of a child within twenty (20) days after the determination is issued.
History —Dec. 16, 2011, No. 246, § 37, eff. 90 days after Dec. 16, 2011.