Definitions of Child Abuse and Neglect - Puerto Rico

Physical Abuse
Citation: Ann. Laws Tit. 8, § 1101

'Abuse' means any intentional act or omission by the father, mother, or other person in charge of the minor of such a nature that it causes or puts a minor at risk of suffering damage or harm to their health or physical, mental, and/or emotional integrity, including sexual abuse. Abuse also shall mean any of the following:

• Allowing another person to cause or to put the minor at risk of suffering damage or harm to their health or physical, mental, and/or emotional integrity
• Willfully abandoning a minor
• Allowing the father, mother, or other person in charge of the well-being of the minor to exploit them
• Allowing another person to exploit the minor by forcing or allowing the minor to perform any act, including, but not limited to, obscene acts for profit or to receive any other benefit, or to incur in any conduct that, if criminally prosecuted, would constitute a crime against the health or physical, mental, or emotional integrity of the minor, including sexual abuse of the minor

Minors will also be considered victims of abuse if the father, mother, or person responsible for the minor has engaged in acts that constitute domestic violence in the presence of minors.

'Bodily harm' means any nonaccidental trauma, injury, or condition, including inadequate nourishment that, if left unattended, could result in death, disfigurement, illness, or temporary or permanent disability of any part or function of the body, including inadequate nourishment. The trauma, injury, or condition may also be the result of a single episode or several episodes. 

'Risk' means the probability that a child may become a victim of abuse or neglect in the future at the hands of their father, mother, or person responsible for them. 'Imminent risk' means any situation that endangers the health, safety, and physical, emotional, and/or sexual well-being of a minor.

'Risk of death' means an act that places the minor in circumstances that may cause their death.

'Human trafficking' means any conduct that results in sexual exploitation, forced labor or services, slavery or practices similar to slavery or servitude, or the removal of organs.

Neglect
Citation: Ann. Laws Tit. 8, § 444; Tit. 31, § 634a-1(3)

'Neglect' means a type of abuse that consists of failing to perform the duties or to exercise the ability to provide adequate nourishment, clothing, shelter, education, or health care to a minor; failing to exercise supervision; or failing to visit the minor or to remain in contact or frequent communication with the minor. 

It is also considered neglect when the parent fails to comply with the duties or exercise the powers provided in title 31, § 601(1). These duties include, but are not limited to, the duty of having the minor in their company according to law; of supervising their education and development; and of adequately providing sustenance, clothing, shelter, education, or health care, according to their wealth or with the means provided by the Commonwealth or any natural or juridical person. Health care includes any treatment or preventive measure required to attend to or prevent any condition involving the physical, mental, or emotional health of the minor. 

Sexual Abuse/Exploitation
Citation: Ann. Laws Tit. 8, § 1101

The term 'abuse' also means to engage in obscene behavior and/or use the minor to carry out obscene acts.

'Sexual abuse' means engaging in sexual conduct in the presence of a child and/or using the child, voluntarily or otherwise, to engage in sexual conduct aimed at satisfying lasciviousness or any other act that, if criminally prosecuted, would constitute any of the following crimes: sexual assault; lewd and lascivious acts; human trafficking for the sex trade; indecent exposure; indecent sexual proposal; possession and distribution of child pornography; use of a minor for child pornography; delivering, transporting, selling, distributing, publishing, exhibiting, or possessing obscene materials; and obscene shows. 

Emotional Abuse
Citation: Ann. Laws Tit. 8, § 444

'Mental or emotional injury' means the impairment of the intellectual or emotional capacity of a minor, given what is considered normal for their age or cultural environment. Furthermore, emotional injury is deemed to exist when there is evidence that the minor recurrently manifests or exhibits behaviors such as fear, feelings of abandonment or hopelessness, frustration and failure, anxiety, insecurity, isolation, aggressive or regressive behavior, or any other similar behavior that demonstrates their emotional vulnerability. 

Abandonment
Citation: Ann. Laws Tit. 8, § 1101

The term 'abuse' also means to willfully abandon a minor.

'Abandonment' means willful dereliction of or being remiss in the responsibilities that the father, mother, or other person in charge of the minor has, considering the minor's age and need for adult care. The intention to abandon can be evidenced by, but is not limited to, any of the following:

• A lack of communication with the minor for a period of at least 3 months
• A lack of participation in a plan or program designed to reunite the minor with the father, mother, or other person in charge of the well-being of the minor
• A failure to respond to notices of hearings in child protective proceedings
• When the minor is found in circumstances that make it impossible to ascertain the identity of the father or mother; when the identity is known, but the whereabouts of the person are unknown, despite efforts to locate them; or when the father or mother fails to claim the minor within 30 days after the minor is found

Standards for Reporting
Citation: Ann. Laws Tit. 8, § 1131

A report is required when any person learns or comes to suspect that a minor has been or is at risk of becoming a victim of abuse or neglect. 

Persons Responsible for the Child
Citation: Ann. Laws Tit. 8, § 1101

Responsible persons include the minor's father, mother, or person responsible for the welfare of the minor. 

'Person responsible for the minor' means the custodian or employees and officials of the programs, centers, or institutions that provide care, education, treatment, or detention services to minors 24 hours a day or a part thereof.

'Parental responsibility' means the inherent duties of parents regarding guidance, care, affection, companionship, and upbringing of their children during their formative years. This includes a supportive and shared responsibility of the parents to ensure that such children can achieve the maximum enjoyment of their rights.

Under no circumstance shall the exercise of parental responsibility include physical or psychological violence or acts that impair the exercise of the children's rights.

Exceptions
Citation: Ann. Laws Tit. 31, § 634a-1(3)

No person shall be deprived of custody of their child because of the legitimate practice of religious beliefs. However, when the person fails to provide specific medical treatment prescribed for the minor, the court may order the provision of adequate health care to the minor and, as appropriate, deprive the parent of custody when the health of the minor so requires.