Esta ley enmienda la "Ley de la Oficina de Asuntos de la Vejez" y la "Carta de Derechos de las Personas de Edad Avanzada" para transferir la operación de la "Línea Dorada" (Golden Hotline), una línea de emergencia y asistencia para personas de edad avanzada, de la Oficina de Asuntos de la Vejez al Departamento de la Familia. La ley establece las responsabilidades del Departamento de la Familia en la prevención, identificación, investigación y tratamiento del abuso y negligencia hacia las personas de edad avanzada, así como la obligación de ciertos profesionales y ciudadanos de reportar estos casos a través de la "Línea Dorada". También se establecen disposiciones sobre la custodia de emergencia de personas de edad avanzada en situaciones de riesgo.
(N. B. 2295) (Reconsidered) (Approved December 17, 2003)
To repeal subsection
(n) of Section 5 of Act No. 68 of July 11, 1988, as amended, known as "Office of Elderly Affairs Act"; to repeal subsection
(o) of Section 3, as well as to renumber current Sections 7, 8 , and 9 as Sections 11, 12, and 13, respectively, and to add new Sections 7, 8, 9, and 10 to Act No. 121 of July 12, 1986, as amended, better known as "Bill of Rights of Elderly Persons," with the purpose of transferring the "Golden Hotline" from the Office of Elderly Affairs to the Department of the Family; to establish responsibilities; and for other purposes.
Among the pressing needs of the elderly, there lies the provision of more effective tools to enable them to claim the rights that are recognized for them in our body of laws and government programs. Precisely, it has been identified that most of them lack the resources to validly exercise and claim the benefits and rights granted to them. It is therefore that a direct emergency and assistance line for the elderly, denominated as "Golden Hotline," was established through legislation, so that through this line, this population segment or any citizen may report situations of emergency, abuse or negligence twenty-four (24) hours a day, seven (7) days a week.
However, in promulgating Act No. 331 of September 2, 2000, which creates the "Golden Hotline," funds were not granted for its operation. For
the Office of Elderly Affairs to be able to establish said hotline, it would be necessary to appropriate to it half a million $(500,000)$ dollars, approximately.
At present, the Department of the Family has available and running certain projects similar to the "Golden Hotline," which are: "Abuse Hotline" and "Guidance Hotline," and even the operators of these lines are located in the same operational area. Therefore, in view of this situation and in the pursuit of using the economic resources of the Commonwealth of Puerto Rico efficiently, the responsibility of offering and establishing the "Golden Hotline" is hereby transferred to the Department of the Family as one of its priorities, through the hotlines available in the agency.
Section 1.-Subsection
(n) of Section 5 of Act No. 68 of July 11, as amended, known as "Office of Elderly Affairs Act," is hereby repealed.
Section 2.-Subsection
(o) of Section3 of Act No. 121 of July 12, 1986, as amended, denominated "Bill of Rights of Elderly Persons," is hereby repealed.
Section 3.-Current Sections 7, 8, and 9 are hereby renumbered as Sections 11, 12, and 13, respectively, in Act No. 121 of July 12, 1986, as amended.
Section 4.-New Sections 7, 8, 9, and 10 are hereby added to Act No. 121 of July 12, 1986, as amended, to read as follows: "Section 7.—Powers of the Department of the Family. - The Department is hereby empowered to adopt the rules, norms, regulations and forms, as well as to establish the procedures necessary to enforce the provisions of this Act. The Department shall have the power to intervene in all situations of abuse, institutional abuse, abuse by negligence,
and abuse by institutional negligence. Likewise, it shall be responsible for the prevention, identification, investigation, protecting supervision and social treatment of all elderly persons who are victims of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, and their families, including the bringing and presenting of the pertinent legal actions before the court. The Department shall likewise have the functions and responsibilities delegated to it by this Act.
The Department shall establish a Direct Emergency and Assistance Line for Elderly Persons to be denominated 'Golden Hotline,' and provide all necessary resources, including a special communications system free of charge, through which elderly persons and/or any citizen may report situations of emergency, abuse or negligence twenty-four (24) hours a day, seven (7) days a week.
Section 8.-Reports-Professionals and Officials Under Obligation to Report.-
Professionals or public officials, public or private and privatized entities that in their professional capacity and in the discharge of their functions learn or suspect that an elderly person is, has been, or is at risk of being a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence, are hereby placed under the obligation to report those cases in which there is or there is the suspicion that there is a situation of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence against an elderly person; as well as health, education, social work and law enforcement professionals, and persons engaged in directing or working in care institutions or establishments that offer care services during a twenty-four (24)-hour day or part thereof. They shall report such a fact through the 'Golden Hotline' and the Puerto Rico
Police and/or the Office of Elderly Affairs, attached to the Office of the Governor.
Section 9.—Other Persons to Report.— Any person who learns or suspects that an elderly person is a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence shall report such a fact through the 'Golden Hotline,' to the Puerto Rico Police, and/or to the Office of Elderly Affairs, attached to the Office of the Governor, in the manner provided for by this Act. The information thus furnished shall be kept in strict confidentiality, as well as the identity of the person who furnished the information.
Section 10.—Emergency Custody.— Any Commonwealth or municipal police officer, social technician or worker especially designated by the Department, official designated by the Office of Elderly Affairs, attached to the Office of the Governor, official of the Commonwealth Emergency Management and Disaster Administration Office, any physician or other health professional that has an elderly person under treatment, shall assume emergency custody, even when the elderly person is under the temporary or permanent care of a tutor or a person responsible for his or her well-being, when the following circumstances occur, as they may apply.
(a) he or she learns or believes that there is a risk for the safety, health and bodily, mental, emotional and/or moral integrity of the elderly person;
(b) the tutor or person responsible for the welfare of the elderly person are not accessible or do not consent the removal of the elderly person, this only in the case that the elderly person is under the temporary or permanent care of any of these.
The person in charge of a hospital or a similar medical institution shall assume emergency custody of an elderly person when he or she learns or believes that the latter has been a victim of abuse, institutional abuse, abuse by negligence and/or abuse by institutional negligence; when he or she understands that the facts so warrant, even if no additional medical treatment is required, even if the tutor or the persons responsible for the welfare of the elderly person request that he or she be returned.
The person assuming emergency custody of an elderly person shall take the latter to the place previously designated for this purpose by the Department of the Family.
Any person assuming emergency custody of an elderly person shall report such a fact immediately through the 'Golden Hotline.'
The emergency custody referred to in this Section may not exceed twenty-four (24) hours, except in the cases on which an authorization from the court is procured and obtained.
No emergency custody shall or may be assumed in violation of the rights of the elderly person. The elderly person, provided he or she is fully mentally competent and/or unless there is a medical or legal order that so warrants, shall be heard and tended to in relation to his or her interest and wish of being protected."
Section 5.-This Act shall take effect immediately after its approval. However, the Department of the Family shall have a term of one hundred eighty (180) days from the approval of this Act to establish regulations, pursuant to the provisions of the "Uniform Administrative Procedures Act," and shall create all those forms necessary for the implementation thereof.
I hereby certify to the Secretary of State that the following Act No. 305 (H.B. 2295) (Reconsidered) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to repeal subsection
(n) of Section 5 of Act No. 68 of July 11, 1988, as amended, known as "Office of Elderly Affairs Act"; to repeal subsection
(o) of Section 3, as well as to renumber current Sections 7, 8, and 9 as Sections 11, 12, and 13, respectively, and to add new Sections 7, 8, 9, and 10 to Act No. 121 of July 12, 1986, as amended, better known as "Bill of Rights of Elderly Persons," with the purpose of transferring the "Golden Hotline" from the Office of Elderly Affairs to the Department of the Family; to establish responsibilities; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $10^{ ext {th }}$ of September of 2004.
Elba Rosa Rodríguez-Fuentes Director