(a) Hearings shall be held before a court with jurisdiction, pursuant to the provisions of the Rules of Civil Procedure in effect.(b) The minor shall be present at the hearing together with his/her parent with legal custody or his/her legal guardian, and represented by his/her attorney.(c) If the court, motu proprio or by request of one of the parties, when justified by force majeure, defers the case’s hearing, the minor shall remain hospitalized pending a subsequent order from the court. The deferral of such hearing shall not be extended for more than five (5) workdays.(d) The minor, the parent with legal custody or the legal guardian shall have the right to present all the evidence he/she deems convenient to rebut the continuation of the minor’s involuntary placement. Such evidence may consist of testimonies or documents. To that effect, the minor shall have the right to be examined by an independent mental healthcare professional of his/her choice or appointed by the court, who shall conduct an evaluation and issue his/her recommendations to the court. The services of said professional shall be paid by the parent with legal custody or the legal guardian of the minor for whom a ll conduct an evaluation and issue his/her recommendations to the court. The services of said professional shall be paid by the parent with legal custody or the legal guardian of the minor for whom a request for involuntary placement or a change of status is sought, or by a close relative, if any, or by the Commonwealth, in the event that the minor is indigent.When deemed necessary, the court may request the intervention of the Department of the Family in order to protect the minor’s interests. History —Oct. 2, 2000, No. 408, § 8.21; Aug. 6, 2008, No. 183, § 49.
Puerto Rico Legal Code