Home Study Requirements for Prospective Foster Parents - Puerto Rico

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Who May Apply

Citation: Ann. Laws Tit. 8, § 69

Candidates for licensure shall be persons who:

  • Have appropriate health conditions
  • Are well-behaved in the community
  • Have not been convicted of a felony, including crimes against public decency, corruption of minors, mistreatment and neglect of minors, child abuse, abandonment of minors, or domestic violence
  • Have participated in rehabilitation programs, treatment for use of controlled substances, drunkenness, and have complied with their conditions

Persons who have been judicially declared incompetent or who are undergoing treatment for medical conditions, including mental, emotional, and nervous conditions that render them unable to perform their duties adequately, may not provide child care services. For purposes of this provision, violations to vehicle and traffic laws shall not be considered as crimes, except gross and wanton negligence when driving a motor vehicle.

Training Requirements

This issue is not addressed in the statutes reviewed.

Minimum Standards for Foster Homes

Citation: Ann. Laws Tit. 8, § 76

The regulations to determine the granting of licenses for the care of children shall specify, among others, the requirements to be met with regard to the following:

  • Financial resources
  • Physical facilities of equipment and materials
  • Sanitary conditions of the premises and surroundings
  • Space, light, and ventilation
  • Firefighting safety devices
  • Safety and accessibility of transportation

Approval Process

Citation: Ann. Laws Tit. 8, §§ 69; 71

Every candidate shall present to the department a certificate of his or her physical and mental health, each year, indicating their physical and mental capacity to render services or to continue to render services, and a certificate of criminal record, at least every 6 months. The candidate shall authorize the department to investigate his or her physical and mental health and conduct, with the proper guarantees of confidentiality and due process of law.

The department, through its authorized representatives, shall inspect each home providing care for children at least two times a year in order to ascertain that they are functioning in accordance with the provisions of this chapter and department rules and regulations.

Grounds for Withholding Approval

Citation: Ann. Laws Tit. 8, §§ 73; 482

The secretary shall deny an application for licensure for any person who does not fulfill the requirements of this chapter and the applicable regulations.

No person may function as a care services provider for children unless he or she has certification indicating that he or she is not registered in the Registry of Persons Convicted of Sex Crimes and Child Abuse, the Criminal Record Register of the Puerto Rico Police, or the Criminal Justice Information System as convicted of any violent sex crime or child abuse. The department shall be required to obtain certification that the person has not been convicted of any of the felonies listed in this section, including the following:

  • Murder
  • Aggravated assault
  • Sexual aggression
  • Production, possession, and distribution of child pornography
  • Abandonment of minors
  • A violation of the Controlled Substances Act

Kinship Foster Care

This issue is not addressed in the statutes reviewed.

Foster to Adopt

This issue is not addressed in the statutes reviewed.

Interjurisdictional Approval

Citation: Ann. Laws Tit. 8, § 549

Any out-of-home placement of a child outside the State is subject to the provisions of the Interstate Compact on the Placement of Children.

The child shall not be sent into the receiving State until the appropriate public authorities in the receiving State notify the sending agency, in writing, that the proposed placement does not appear to be contrary to the interests of the child.

Links to Resources

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