P.R. Laws tit. 8, § 1058

2019-02-20 00:00:00+00
§ 1058. Rulemaking authority

The Department shall adopt, within a term of thirty (30) days counted from the date of effectiveness of this act, any such regulations as necessary to fulfill the objectives of this chapter. Such regulations shall address, not to be construed as a limitation, the following issues:

(1) The forms to which adoption agreements and voluntary surrenders of a minor shall be subject.

(2) Streamlining and expediting of proceedings as necessary in order for the Department and the bodies that are a part of the adoption process to fully and diligently meet the objectives of this chapter.

(3) The guarantees on confidentiality of the parties in such process.

(4) The management, custody, conservation, and destination of records.

(5) The contents of the informational briefing for biological mothers and biological fathers on the matter of voluntarily placing their minor for adoption pursuant to that which is established in this chapter.

(6) The adoption of regulations, or in default thereof, the amendment of existing regulations to establish the procedure to be followed by the Department in favor of adopting parents, to initiate the application process and solicitation of federal and/or Commonwealth benefits for minors with special needs or any benefits that the adoptee may receive for any physical or health condition or for any other reason. It being understood that the Department shall be responsible, in this initial stage, for providing assistance to adopting parties in transactions established to such ends. Once the minor has been adopted, the adopting parties shall be responsible for meeting the necessary requirements on an ongoing basis in order to continue to receive such benefits.

(7) The adoption of regulations, or in default thereof, the amendment of existing regulations to establish the procedure to be followed by the Department in the transfer of the record on the federal and/or Commonwealth benefits to which the adoptee is entitled, on behalf of the adopting parents, so that they may continue to receive such benefits without having to engage in new transactions to solicit such benefits again. In such cases, when laws and regulations so allow, the number or the classification of the record shall not be altered, with the purpose of reassigning such record to the name of the adoptive parents; in addition, continuity in services shall be preserved, without eliminating, suspending or delaying such benefits.

History —Dec. 18, 2009, No. 186, § 9, eff. 30 days after Dec. 18, 2009.