P.R. Laws tit. 8, § 1160

2019-02-20 00:00:00+00
§ 1160. Reasonable efforts in cases of abuse or neglect and domestic violence

In situations of domestic violence in which the victim is not the perpetrator of the child abuse, the provisions of this chapter shall not be construed to entail the removal of minors from their home without first making a reasonable effort for their protection, as well as that of the persons undergoing domestic violence.

When intervening in cases of abuse or neglect where a pattern of domestic violence has also been identified, technicians, case or social workers, or other aid professionals in charge of investigating and addressing situations of abuse, together with their supervisor and making use of their professional criteria in the screening process, must provide and coordinate protective and support services for surviving victims of domestic violence, such as helping to place them in a shelter, contacting the police, obtaining a protection order, advising them of their rights, making an effort to remove the aggressor from the home, among other measures. The victim must also be made aware of the impact of violence on children.

After giving the victims the opportunity to understand all their options and all the services available to them, the appropriate actions shall be taken, so that the aggressor stays away from his/her victims and assumes the responsibility for his/her violent behavior. These actions shall be taken as part of the efforts needed to protect the victims. In cases where it is necessary to remove custody of the minors from the surviving victim of domestic violence, the latter must be informed of his/her rights and options, including his/her right to be represented by an attorney during the entire process.

History —Dec. 16, 2011, No. 246, § 50, eff. 90 days after Dec. 16, 2011.