P.R. Laws tit. 8, § 1195

2019-02-20 00:00:00+00
§ 1195. Subsequent proceedings in emergency cases of institutional abuse and/or institutional neglect

Whenever emergency proceedings are initiated, the hearing of such cases before the Court of First Instance shall be held within twenty (20) days after the initial hearing is held. The court shall issue a written notice to be served ten (10) days prior to the hearing on the merits. The written notice shall contain the following information:

(a) The alleged facts.

(b) The names of the petitioner and the witnesses who are expected to testify in support of the allegations.

(c) The contents of the resolution issued by the court.

(d) The date, time, and place of the hearing, as well as a statement about the right of the parties to appear assisted by their attorneys during any stage of the proceedings. The lack of legal representation shall not be a reason to suspend the hearing.

(e) A warning that failing to appear at the hearing shall prompt the court to find the party in contempt and enter the corresponding remedy to ensure the health, safety, and well-being of the minor or minors in the custody, supervision, or care of the respondent institution without further summons or hearing.

(f) A warning that noncompliance with the orders of the court by the respondent institution constitutes contempt, which may entail the imposition of penalties, the permanent closing of the institution, and an order to the Department, the Department of Justice, or other agency involved to suspend or revoke the corresponding license or accreditation, as well as the ratification of any orders issued at any stage of the proceedings.

History —Dec. 16, 2011, No. 246, § 75, eff. 90 days after Dec. 16, 2011.