Esta ley enmienda varias secciones de la "Ley para el Bienestar y la Protección Integral de la Niñez" (Ley Núm. 177 de 2003) para corregir errores ortográficos y aclarar procedimientos relacionados con los Abogados de Familia, las órdenes de protección para menores, los procedimientos de emergencia en casos de abuso o negligencia institucional, y la duración de los nombramientos de los Abogados de Familia.
(Approved September 16, 2004)
To amend Sections 56, 57, 59, 67, 71, and 89 of Act No. 177 of August 1, 2003, known as the "Comprehensive Child Well-being and Protection Act," in order to correct orthographical errors; and for other purposes.
Section 1.-Section 56 of Act No. 177 of August 1, 2003, is hereby amended to read as follows: "Section 56.—Family Advocates.— Family Advocates shall be entrusted with the task of prosecuting on behalf of the Government of the Commonwealth of Puerto Rico, whatever actions may be in order as the result of investigations carried out on abuse, institutional abuse, neglect, and/or institutional neglect of minors.
Insofar as it is possible, and taking into consideration the age and maturity of the minors, Family Advocates shall keep them informed of the decisions that affect them."
Section 2.-Section 57 of Act No. 177 of August 1, 2003, is hereby amended to read as follows: "Section 57.—Persons Authorized to Petition for Protection Orders for Minors.-
The father or mother, school director, teacher, law enforcement officer, the Advocate for Minors Affairs or the Family Advocate, or any
prosecutor or official authorized by the Secretary of the Department of the Family, the school social worker, or any relative or person responsible for the minor may ask the court to issue a Protection Order for Minors against the person who abuses or is suspected of abusing or neglecting a minor, or when there is imminent risk of a minor being abused."
Section 3.-Clause (3) of subsection
(a) of Section 59 of Act No. 177 of August 1, 2003, is hereby amended to read as follows: "Section 59.—Procedure for Issuing Protection Orders.—
(a) Initiating the Action. The procedure to obtain a Protection Order may $[s i c]$ (1) $\ldots$ (2) $\ldots$ (3) At the request of the Family Advocate or any prosecutor in a criminal proceeding, or as a condition for probation or parole."
Section 4.-Section 67 of Act No. 177 of August 1, 2003, as amended, is hereby amended to read as follows: "Section 67.—Emergency Procedures in Cases of Institutional Abuse and/or Institutional Neglect.—
Any relative or interested party, as well as the physician, teacher, officer of the institution where the minor is found or undergoing treatment, or a Family Service Social Worker or Technician of the Department shall report any emergency to the Hotline of the Department, the Puerto Rico Police, or the local office of the Department so that the emergency procedure provided for in this chapter may be initiated, after the corresponding investigation.
When in light of the investigation carried out by the Department or by the Department of Justice, it is determined that there is a situation of institutional abuse and/or institutional neglect, pursuant to Section 65 of this Act, which parts the health, safety, and well-being of a minor at risk, the Family Service Social Worker or Technician of the Department, or an employee or official of the Department of Justice designated for the purpose shall appear before a judge to state under oath, briefly and simply, using a form prepared for this purpose by the Office of Courts Administration which indicates and shows that the health, safety, and well-being of a certain minor is in danger if immediate action is not taken to protect him or her. The Technician, Social Worker, or employee or official designated by the Department of Justice shall clearly indicate the specific facts that serve as the basis for the petition for an emergency remedy.
In the event of an emergency situation that parts a minor's life, physical, mental, or emotional health in imminent danger as a result of a situation of institutional abuse or institutional neglect, the parent, the person responsible for the minor, or a person bound to report may appear before the court without the prior submission of a referral to petition for an emergency remedy to guarantee the minor's health, safety, and well-being. In such cases, the court shall order the appearance of officials of the Department who, upon being notified of the petition, shall inform the Abuse Hotline for Situations of Abuse, Institutional Abuse, Neglect, and/or Institutional Neglect and initiate the corresponding investigation.
If after evaluating the circumstances described in the petition and hearing the petitioner, the Court deems it necessary to make an ex parte decision, it may order the temporary remedy that it deems most appropriate
for the well-being of the minor and shall give notice of the temporary remedies to the parties summoned for the initial hearing.
Once a petition of institutional abuse and/or institutional neglect is filed, the court shall issue a summons for the initial hearing, and shall order the appearance of the parents of the minor whose protection is being requested, the Department, the Family Advocate, and any other officials of the public, private, or privatized agencies summoned, within a period not to exceed five (5) days.
In the initial hearing, the Court shall issue a resolution or order determining whether any of the alternatives provided in Section 68 is in order. The Court may vacate any ex parte order issued, or extend its effects for the period he or she may deem necessary, or until the hearing provided for in Section 69 is held. In order to continue the proceedings, notice of the resolution or order shall be given simultaneously to the father, mother, or person responsible for the minor, the local office of the Department, and the Office of Minors and Family Affairs assigned to the corresponding judicial region, the Court of First Instance, Family Relations Part, or Minors' Affairs Part, within the twenty-four (24) hours following issuance of said resolution or order."
Section 5.-Section 71 of Act No. 177 of August 1, 2003, as amended, is hereby amended to read as follows: "Section 71.—Final Disposition Hearing; Institutional Abuse and/or Institutional Neglect.—
The Court must hold a final disposition hearing of the case within a period not to exceed six (6) months from the date of notice, pursuant to Section 69 of this Act. In any case brought under this Act, the court shall
find in favor of the well-being of the minor, in accordance with the public policy stated herein."
Section 6.-Section 89 of Act No. 177 of August 1, 2003, is hereby amended to read as follows: "Section 89.—Appointments; Terms. — The present Special Advocates for the Protection of Minors renamed by law as Family Advocates, who were appointed before this Act became effective, shall continue in their positions without the need for a new appointment until the terms for which they were appointed expire. Likewise, provisions of this Act shall not affect the exercise of the functions nor the salaries that these officials earn when this Act becomes effective."
Section 7.—This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 352 (H.B. 4108) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend 56, 57, 59, 67, 71, and 89 of Act No. 177 of August 1, 2003, known as the "Comprehensive Child Well-being and Protection Act," in order to correct orthographical errors; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $8^{ ext {th }}$ of May of 2006.
Francisco J. Domenech Director