Disclosure of Confidential Child Abuse and Neglect Records - Puerto Rico

Date: February 2022

Confidentiality of Records

Citation: Ann. Laws Tit. 8, § 446e

All records related to protection cases, including the reports from any office or public, private, or privatized entity generated while enforcing this chapter, shall be confidential and shall not be divulged except in the cases or circumstances specifically authorized by this chapter.

Persons or Entities Allowed Access to Records

Citation: Ann. Laws Tit. 8, § 446f

No person, official, officer, employee, or agency shall have access to records unless it is to comply with purposes directly related to the administration of this chapter or by virtue of a court order. The persons, officials, officers, or agencies that shall have access to said records shall be:

  • The officer or employee of the department or the agency that renders the direct services
  • The Advocate for Minors' Affairs; the prosecutor and/or police officers of the Specialized Sexual Crimes, Child Abuse, and Domestic Violence Unit in any case that investigates the commission of acts that constitute crimes related to this chapter; and the family advocate
  • The physician or behavioral professional who renders direct services to a minor in protection cases
  • The Multi-Sector Coordinating Board, the multidisciplinary professional teams, the Death Review Panel, and the Permanency Plan Review Board
  • Any person conducting bona fide data research
  • The court if it is found that access to the records is needed to resolve a controversy related to the well-being of the minor, with access limited to an inspection by the judge in chambers

Any mandatory reporter shall receive, upon request, the results of the investigation conducted regarding the referred case.

When Public Disclosure of Records is Allowed

Citation: Ann. Laws Tit. 8, § 446f

No person authorized to receive confidential information may divulge the information. This prohibition shall not include the subject of the report, the prosecutors, the advocates for minors' affairs, family advocates, special advocates for the protection of minors, or police officers when the information obtained is to be used in judicial or administrative proceedings.

Use of Records for Employment Screening

This issue is not addressed in the statutes reviewed.

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