P.R. Laws tit. 8, § 1162
The Department may initiate proceedings for the termination, restriction, or suspension of parental rights under any of the following circumstances:
(a) When a minor has remained in a foster home for six (6) months, provided that the Department has rendered the services according to the established permanency plan so that the minor may return to his/her home.
(b) When the court has determined, in accordance with the provisions of this chapter, that reasonable efforts are not in order and, thus, rules that reunification services shall not be rendered.
(c) When the court determines that the father and/or mother is unwilling or unable to assume responsibility and protect the minor from risks to his/her health and physical, mental, emotional and/or sexual integrity, and these circumstances will not change within a period of six (6) months after initiating proceedings, according to the evidence presented in the case.
(d) When the court determines that the father and/or mother has not made efforts in good faith to rehabilitate him/herself and be reunified with the minor.
(e) When any of the reasons in our code of laws for which parental rights can be terminated, restricted, or suspended is present.
(f) When the minor has been abandoned, as evidenced by any of the following circumstances:
(1) The father or mother has not communicated with the minor for a period of at least three (3) months.
(2) The father or mother has not participated in any plan or program designed to reunify him/her with the minor after the Department has made the necessary arrangements for their participation by making use of its internal resources and/or the services of other external agencies.
(3) The father or mother fails to appear at the hearings for the protection of the minor.
(4) The minor is found in circumstances that make it impossible to ascertain the identity of his/her father or mother, or when his/her identity is known, but their whereabouts are unknown in spite of the efforts made to locate them; and the father or mother fails to claim the minor within thirty (30) days after such minor was found.
The Department shall not need to file a petition for termination of parental rights if it decides to place the minor with a relative, or if it informs the court that termination of parental rights is not in the best interests of the minor.
The Department may file the petition for termination of parental rights during protection proceedings without the need to initiate additional proceedings.
History —Dec. 16, 2011, No. 246, § 52, eff. 90 days after Dec. 16, 2011.