Esta ley enmienda la Ley Núm. 342 de 1999 y la Ley Núm. 75 de 1968 para ampliar las funciones de los Procuradores de Familia Especiales para Situaciones de Abuso y los Procuradores de Familia Especiales. Permite que ambos funcionarios compartan responsabilidades en casos de abuso, abuso institucional, abuso por negligencia y abuso institucional por negligencia contra menores, así como en otros procedimientos familiares como reclamaciones de pensión alimentaria y abandono de niños. El objetivo es mejorar la eficiencia y el uso de recursos en el Departamento de Justicia.
(Approved March 3, 2002)
To amend Section 56 of Act No. 342 of December 16, 1999, and amend Section 2 of Act No. 7 of June 6, 1968, as amended, in order to broaden the functions of Special Family Advocates for Situations Involving Abuse and Special Family Solicitors with the purpose of having both officials share the responsibilities entrusted to them by the above-mentioned laws when the need for service so justifies.
Act No. 342 of December 16, 1999, known as the "Act for the Safeguarding of Minors in the $21^{ ext {st }}$ Century," created the office of the Special Family Advocate for Situations Involving Abuse, Institutional Abuse, Abuse through Neglect and Abuse through Institutional Neglect, hereinafter the "Special Family Advocate." This public office, with thirteen (13) officials in total, is responsible for instituting in representation of the Commonwealth of Puerto Rico the pertinent actions that arise from investigations conducted on allegations of abuse, institutional abuse, abuse through neglect and abuse through institutional neglect against minors. In exercising this function, the Special Family Advocates represent the interest of any minor in relation to whom it is being alleged in court is a victim of abuse. Furthermore, Special Family Advocates have the obligation of addressing petitions for the restriction, deprivation or suspension of patria potestas of those parents who are unfit to have their children under their legal custody, thus guaranteeing
the protection of minors. The main purpose pursued by this measure is providing the Commonwealth of Puerto Rico with additional officials to address and confront the issue of child abuse which afflicts our families in Puerto Rico.
In addition, Act No. 75 of June 6, 1968, as amended, assigned Family Solicitors the duty to act as counsel, without collecting fees, in the following cases: for the petitioner in proceedings on judicial authorization, declarations of heirs, judicial administration, emancipation, recognition of children born out of wedlock, adoption, declaration of disability, and guardianship, in relation to which there is no property of any kind involved, or if there is, the value of said property does not exceed four hundred (400) dollars, in proceedings of waiver of relationship and habeas corpus in which an unlawful detention does not arise from any criminal proceeding whatsoever; for the plaintiff in actions concerning support; for the complainant in incidents concerning the disregard of court orders or sentences concerning the proceedings indicated above; and for the complainant in criminal or civil proceedings concerning the abandonment of children.
Upon evaluating the cases assigned to Family Solicitors by Act No. 75, supra, we notice that various proceedings are closely related to child abuse, such as claims for child support and abandonment. Experience has shown for years that cases of judicial authorization, declarations of disability, and guardianship, among others, have been rising, thus overcharging the agenda of these officials and causing them to have cases in a ratio of ten to one when compared to Special Family Advocates; there is therefore no balance as evinced by the workload that both groups of officials handle.
Family Solicitors, which office was created by virtue of Act No. 75, supra, attend courtrooms three to four times a week and tend to additional
courtrooms and child support examiners. In addition, they have the responsibility of cooperating with other jurisdictions and the Federal District Court for the District of Puerto Rico by virtue of Act No. 180 of December 20, 1977, known as the "Uniform Interstate Family Support Act," and other Federal laws.
The salary and benefits of a Special Family Advocate are equivalent to those of a Family Solicitor, as well as the term of office for both appointments-twelve (12) years. Likewise, both officials are attached to the Department of Justice. Due to the fact that the education, the knowledge, the experience and the working conditions concomitant to the office of Special Family Advocate for Situations Involving Abuse, the scope of functions thereof could be broadened to include the tasks entrusted by law to Family Solicitors when the Secretary of Justice deems it necessary in order to make a more effective and efficient use of resources and to expedite proceedings when the case load so requires. Likewise, a balance between the functions of both officials is achieved, thus avoiding the fragmenting of cases and attaining the integration of family proceedings and relations under the jurisdiction of one single official. It is necessary to insist on the fact that the main function of both officials is the welfare of minors.
For all of the stated above, this Legislature deems it convenient for Family Solicitors and Special Family Advocates to perform indistinctly the different functions that both officials are charged with when the need of service so justifies.
Section 1.- Section 56 of Act No. 342 of December 16, 1999, is hereby amended to read as follows:
"Section 56.- Thirteen (13) positions of Special Family Advocates for Situations Involving Abuse, Institutional Abuse, Abuse through Neglect and Abuse through Institutional Neglect are hereby created, to be appointed by the Governor with the advice and consent of the Senate, charged with instituting, in representation of the Government of Puerto Rico, the pertinent actions resulting from the investigation conducted on alleged abuse, institutional abuse, abuse through neglect and abuse through institutional neglect against minors. Provided, that these Advocates may also perform the functions of Special Family Solicitors created by virtue of Act No. 75 of June 6, 1968, as amended, when the Secretary of Justice so determines in conformance to the needs of the service.
Special Family Advocates for Situations Involving Abuse, Institutional Abuse, Abuse through Neglect and Abuse through Institutional Neglect shall have four (4) years of professional experience subsequent to their admission to the Bar in Puerto Rico, and enjoy good moral, intellectual and professional repute as determined through the appointing authority. The term of the appointment shall be twelve (12) years and these officials shall remain in office for up to ninety (90) days after the expiration of their term, if they have not been reappointed or when their successors take office, whichever occurs first. Special Family Advocates for Situations Involving Abuse, Institutional Abuse, Abuse through Neglect and Abuse through Institutional Neglect shall have a salary equal to that of Family Advocates, as well as the benefits such an office entails. The Office of Management and Budget shall appropriate to the Department of Justice the additional funds needed for the appointment and performance of said Special Family Advocates."
Section 2.- Section 2 of Act No. 75 of June 6, 1968, as amended, is hereby amended to read as follows: "Section 2.- Special Solicitors shall, at the request of the interested party and without collecting fees or payment whatsoever for their services, act as counsel for:
(a) $\ldots$
(g) The complainant in criminal or civil proceedings of abandonment of children in the Court of First Instance of Puerto Rico, which in the judgment of the District Attorney, merits his/her intervention.
Special Family Solicitors may also discharge all the functions of Special Family Advocates for Situations Involving Abuse, Institutional Abuse, Abuse through Neglect and Abuse through Institutional Neglect, created by virtue of Act No. 342 of December 16, 1999, as amended, when the Secretary of Justice so determines pursuant to the needs of service."
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 42 (H.B. 1929) of the $\underline{3}^{ ext {rd }}$. Session of the $\underline{14}^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Section 56 of Act No. 342 of December 16, 1999, and amend Section 2 of Act No. 7 of June 6, 1968, as amended, in order to broaden the functions of Special Family Advocates for Situations Involving Abuse and Special Family Solicitors with the purpose of having both officials share the responsibilities entrusted to them by the above-mentioned laws when the need for service so justifies, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $3^{ ext {th }}$ of February of 2004.
Elba Rosa Rodríguez-Fuentes Director