Esta ley establece la obligación de designar un área para un centro de cuidado diurno para niños preescolares en todos los complejos de vivienda pública de nueva construcción que utilicen fondos públicos (estatales y/o federales) a partir del 1 de julio de 2004. La ley detalla los requisitos para el centro, el derecho a usarlo, su gestión por parte del Departamento de la Familia, el Departamento de la Vivienda y la Administración de Vivienda Pública, la capacitación del personal, un plan de monitoreo y la recepción de fondos.
(Approved September 27, 2003)
To create the "Act for the Establishment of Day Care Centers for PreSchool Children in all newly built Public Housing Complexes that form part of the Public Housing Administration, where Public Funds are used, whether State and/or Federal," for the purpose that in all new public housing complex construction works where public funds are used, whether state and/or federal, as from July 1, 2004, an area is designated within the physical premises for a Day Care Center for PreSchool Children, as long as there is strict compliance with applicable federal regulations enacted by the Federal Department of Housing and Urban Development known by its English initials as "HUD."
Every human being has the right to the full development of his person, as a professional or entity that contributes with his work to our society's welfare, as well as to the development and welfare of his family nucleus.
The family is the cornerstone of every society. The welfare of any society hinges on the fact that the families composing it also reach a full development, stability and welfare.
Many parents in Puerto, specially those of limited financial resources, and many of them young, lack the economic means to defray the expense of caring for their children who do not yet attend school. Many even quit school in order to look after their children. Still others face problems in obtaining or retaining employment when forced to look after their children themselves when some of their relatives find it impossible or decline to do
so. Further, many of these children's relatives, with legal custody over them, face similar problems.
As one can easily see in the Puerto Rico Project for the 21st Century, the current Public Administration's government program, acknowledges the social responsibility for rearing our children on page 165.
Accordingly, the Commonwealth of Puerto Rico Government acknowledges the importance to parents who lack the necessary economic means to cover the expenses of care for their children or children under their legal custody of pre-school age and who live in a housing complex built with public funds, of having a place in their own community for their children to receive care services while they may develop intellectually or professionally and perform study or work activities.
This Act shows the preferential treatment granted by this Administration to our children as well as to the Puerto Rican family.
Section 1.- Title This Act shall be known as the "Act for the Establishment of Day Care Centers for Pre-School Children in all newly built Public Housing Complexes that form part of the Public Housing Administration, where Public Funds are used, whether State and/or Federal."
Section 2.- Obligation of Establishing Day Care Centers for Pre-School Children in all new Public Housing Complexes forming part of the Public Housing Administration.
As from July 1, 2004, in all new construction of public housing complexes where public funds are used, whether state and/or federal, an area shall be designated within the physical premises for a Day Care Center for Pre-School Children, as long as there is strict compliance with the
applicable federal regulations enacted by the Federal Department of Housing and Urban Development, known by its English acronym "HUD."
Section 3.- Description of the Care Center. Day Care Center for Pre-School Children shall mean the area designated within the premises of the housing complex. The surface to be used shall depend on the needs of the population to be served in the Day Care Center.
Section 4.- Right to Use the Day Care Center. Any child of pre-school age, whose parents, or relative(s) with legal custody over the former, who cannot look after the child because of work and/or study reasons, have the right to use the Day Care Center. Additionally, the child as well as the parent(s), or relative(s) with legal custody over the former must be bona fide residents in the housing complex where the Day Care Center in question is located.
For the purposes of this Section, the parent(s), or relative(s) mentioned in the paragraph above must show conclusive evidence proving that they meet the qualification requirements for the right to use the services of the Day Care Center for their children, or relative(s) of pre-school age under their legal custody.
The parent(s) or relative(s) with legal custody who use the services of the Day Care Center for the children shall contribute economically to the improvement of the Day Care Center; it is hereby established that the Director shall determine the reasonable payment for the use of such facilities and services, taking into account the economic resources available to the parent(s), or relative(s) with legal custody of the children who shall use the Day Care Center. The parents or relatives with legal custody who prove that
they have limited financial resources shall not have to incur in any cost for the services provided.
Section 5.- Management of the Day Care Center The Department of Housing and the Public Housing Administration shall have the responsibility of designating, within the housing projects developed through the Public Housing Administration, the area where the Day Care Center shall be established. Additionally they shall be responsible for maintaining the designated area for compliance with this Act's purposes.
The Department of the Family shall be responsible for the management and operation of the Day Care Center. For such purposes, it shall be responsible for offering the necessary services to be rendered to the population.
The Secretary of the Department of Family, with the consent of the Secretary Department of Housing, and the Manager of the Public Housing Administration, shall appoint a Director to be in charge of the Day Care Center's management and operation. The Director, with the consent of the Secretary of the Department of Housing, and the Manager of the Public Housing Administration shall establish the hours of operation during which the Day Care Center shall be open.
The Director shall have the personnel necessary for offering the Day Care Center's services. The personnel offering a direct service to the children shall have knowledge, capability and experience in the care of children, specifically of pre-school age. Additionally, they shall be duly trained and certified in a first-aid and cardio-pulmonary resuscitation course.
The Director and the Center's personnel shall submit to testing for the use of controlled substances, when applying for the job and periodically, and shall be bound to provide a negative certificate. The fact that the employee
or applicant has been convicted of any crime involving domestic violence, abuse of a minor, sexual offenses, attempt against someone's life, a crime involving public safety and/or the public service and/or the public treasury shall be an impediment to work in these Day Care Centers. Additionally, work at the Day Care Center shall be denied to those convicted of any crime involving moral turpitude.
The Director and the personnel of the Day Care Centers, before being employed, must submit to a psychological test showing that they are able to adequately perform the work and responsibilities related to the position they would hold and to the services they would offer. Afterwards, these people shall be retested at least once every two (2) years.
Section 6.- Continuing Training Program for the Director and Personnel on Abuse of Minors and Domestic Violence Cases.
The Department of the Family is hereby responsible for establishing a continuing training program for the Director and the personnel working at the Day Care Center concerning the appropriate techniques for identifying, investigating, evaluating and managing situations of abuse, institutional abuse, abuse by negligence and/or institutional abuse by negligence.
The Department of the Family shall be responsible for coordinating, together with the Office of the Women's Advocate, the Puerto Rico Police and the Department of Health, a continuing training program for the Director and the personnel working at the Day Care Center, concerning the appropriate techniques for identifying, investigating, evaluating and managing situations of domestic violence affecting the children to whom services are rendered, as well as the parent(s) or relative(s) of said children.
Section 7.- Monitoring Plan. The Department of the Family shall design and establish a monitoring plan, at a local, regional, and state level, concerning the programs and services offered, including the privatized ones provided by this Act, with the purpose of evaluating the results and effectiveness of the same. These programs shall be reviewed annually and shall be adjusted to the reality in which our Island presently lives, as well as to the new tendencies in the care of pre-school children. This monitoring plan shall track the training and performance of the public servant in the discharge of his duties of offering training, improvement, orientation and education programs, as well as of the public servants taking such programs. Additionally, this monitoring plan shall ensure that the services offered, whether at a local, regional or state level, are in harmony with state and federal law concerning services to children of pre-school age. The results obtained by the launching and the implementation of this monitoring plan shall be remitted annually, no later than June 30 of each year, to the Commonwealth of Puerto Rico's Governor, as well as to the Legislature, specifically including as well, the Social Welfare and the Education Committee of both Legislative Houses. Further, this annual report shall establish the way and manner in which each of these programs or training courses were offered, the amount of people who benefited from them and, the topics covered by each one, among other aspects. This annual report shall also contain, apart from all the information indicated above, an identification of deficiencies, the possible factors that may be preventing achievement of the objectives, and suggestions to strengthen and to improve such objectives.
Said annual report shall also include information about the shape and maintenance of the physical facilities in which the Day Care Centers
mentioned by this Act are located. Recommendations for the improvement of these facilities must also be included.
The annual report mentioned shall also inform about the status, progress, prospects and achievements related to the management, operation and services offered in the Day Care Centers.
Section 8.- Inter-agency Participation. The Department of the Family, the Department of Housing and the Public Housing Administration shall have the assistance of all agencies, instrumentalities, dependencies or political subdivisions of the Commonwealth of Puerto Rico, including the municipal governments in which the Day Care Centers are located, in order to accomplish the purposes of this Act.
The Office of the Women's Advocate, the Department of Education, the Department of Labor and Human Resources, the Puerto Rico Police, and the Department of Justice shall cooperate and advise, in a specific way, when so required by the Department of the Family, the Department of Housing, and/or the Public Housing Administration, to effectively discharge the duties established in this Act. Furthermore, potential clients may be referred for the services provided by such entities.
Section 9.- Regulations. The various government agencies mentioned in this Act, whether specifically or generally, are hereby authorized to adopt the regulations necessary for compliance with this Act's purposes, subject to the rules of the Uniform Administrative Procedures Act, Act No. 170 of August 12, 1988, as amended.
Section 10.- Internal Regulations for the Operation of the Day Care Center for Pre-School Children.
As of the effective date of this Act, the Department of the Family, the Department of Housing, and the Public Housing Administration, together with the various government agencies mentioned in this Act, shall adopt internal regulations determining the Day Care Center's administrative and operative phase and the regulations and quality monitoring of the same.
Section 11.- Reception and Management of State, Federal and/or Private Funds.
The Department of the Family, the Department of Housing, and/or the Public Housing Administration shall hereby be authorized to receive and to manage funds from legislative assignments, transfers, delegations, contributions and donations of any type received from agencies, municipal governments and from the Government of the United States, as well as those from persons, non-government organizations and other private entities for the design and establishment of projects, programs or services to be performed or offered by the Day Care Center.
The Day Care Center Director may request funds through the Families' and Children's Administration, an agency attached to the Department of the Family, a government entity which, according to Reorganization Plan No. 12 of 1995, manages funds received by the Commonwealth of Puerto Rico under the Federal Child Care and Development Block Grant Act (PL 101508) in order to comply with the provisions of this Act.
Section 12.- Necessary Funds. The funds necessary for compliance with the objectives of this Act, in addition to what is said in the previous Section, shall be identified and consigned in the Commonwealth of Puerto Rico's General Expense Budget for fiscal year 2004-2005, as appropriated to each one of the corresponding government agencies.
Section 13.- Severability Clause. If any part of this Act were declared null by a Court with jurisdiction, such ruling shall not affect or invalidate the rest of the Act and its effect shall remain limited to the aspect covered by such judicial ruling.
Section 14.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 283 (S.B. 1161) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create the "Act for the Establishment of Day Care Centers for Pre-School Children in all newly built Public Housing Complexes that form part of the Public Housing Administration, where Public Funds are used, whether State and/or Federal," for the purpose that in all new public housing complex construction works where public funds are used, whether state and/or federal, as from July 1, 2004, an area is designated within the physical premises for a Day Care Centre for Pre-School Children, as long as there is strict compliance with applicable federal regulations enacted by the Federal Department of Housing and Urban Development known by its English initials as "HUD," has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director