P.R. Laws tit. 24, § 6159n
The court may consider other levels of care which accord greater autonomy if the child and adolescent psychiatrist, jointly with the inter- or multidisciplinary team, so recommends, as per the diagnosis and the severity of symptoms and signs at the time, as these are therapeutically indicated, before determining whether the minor should be involuntarily institutionalized.
The court may order that the minor submit to treatment, recovery and rehabilitation services at another level of care which accords greater autonomy at an institutional provider of mental healthcare services; as pertains to conditions related to controlled substance or alcohol use and abuse, one of the alternatives may be to order placement in services offered by nonprofit or for-profit community-based organizations that conduct evaluations and provide treatment for mental disorders, including substance and/or alcohol abuse or dependency and comorbid conditions. The court shall consider the recommendations that the psychiatrist or the physician, as may apply, and the inter- or multidisciplinary team responsible for the minor’s initial evaluation, present as appropriate. Said recommendations shall be clearly conceptualized and specified in a report on the comprehensive evaluation conducted, including the individualized treatment, recovery and rehabilitation plan recommended, as well as any other information that the court deems convenient. The individualized treatment, recovery and rehabilitation plan shall be consistent with the minor’s issues and needs and contain a timetable as to progression. Based on the recommendations, the court shall order the greatest-autonomy level of care that is most adequate for the minor.
Nevertheless, the court shall have the authority to modify an order for treatment at a greater-autonomy level of care if the minor subject to the order does not comply therewith, or if the mental healthcare professionals determine that the treatment is not adequate for his/her condition. Before modifying the order, the court shall receive a report from the director of the level of care program at which the minor is, specifying the reasons why the order should be modified. The court shall schedule a hearing, of which the minor’s parent with legal or physical custody or legal guardian shall be duly notified and in which such parent or guardian shall have the opportunity to express his/her opinion when the order for an alternate treatment is reconsidered. The minor shall be present at the hearing, together with his/her parent with legal or physical custody or legal guardian, who may be accompanied by a legal representative when the hearing is held.
If the court should revoke the order for treatment at a greater-autonomy level of care and order that the minor be hospitalized, a marshal or mental healthcare service support personnel shall make all provisions necessary to coordinate transportation for the minor.
History —Oct. 2, 2000, No. 408, § 8.15; Aug. 6, 2008, No. 183, § 47.