P.R. Laws tit. 8, § 1192

2019-02-20 00:00:00+00
§ 1192. Petition for remedy to investigate institutional abuse or institutional neglect referrals

At any time during the investigation of an institutional abuse or institutional neglect referral, the official designated by the Department who is prevented from doing his/her job may appear before the court and declare under oath, briefly and simply, using a form prepared for this purpose by the Office of Courts Administration, the specific facts that prevented him/her from doing his/her job, document the existence of a referral that justifies his/her intervention, and request an ex parte order against the respondent public, private, or privatized agency or subject of the referral, providing the following:

(a) An order to allow access to inspect the facilities and review the files of minors who are or have been in the institution, as well as documents related to the operation of the entity.

(b) An order to allow interviewing minors, employees, relatives, or parents.

(c) An order to allow access to information about the minors who are or have been in the institution, their parents or persons who had custody, employees or former employees, including data leading to their whereabouts.

(d) An order to require that the employees or persons responsible for the operation of the entity submit to controlled substance detection tests or to psychological or psychiatric evaluations.

(e) An order to produce documents and/or belongings of the minor.

(f) Any order that allows gathering the information needed to evaluate the circumstances of the alleged institutional abuse or institutional neglect.

The order issued shall remain in effect until the investigation is concluded or until it is determined during the process that it is no longer necessary.

History —Dec. 16, 2011, No. 246, § 72, eff. 90 days after Dec. 16, 2011.