PUERTO RICO

MANDATORY REPORTING LAWS

MANDATORY REPORTING LAWS

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Professionals required to report

Citation: Ann. Laws Tit. 8, § 446
The following individuals and entities are required to report:

• Professionals or public officials
• Public, private, or privatized entities
• Professionals in the fields of health, justice, education, social work, or public order
• Persons who administer or work in caregiving institutions or centers, rehabilitation institutions, centers for minors, or foster
homes
• Processors of film or photographs

Other persons required to report

Citation: Ann. Laws Tit. 8, § 446
Any person who has knowledge of or suspects that a minor is a victim of abuse or neglect must report.

Institutional responsibility to report

This issue is not addressed in the statutes reviewed.

WHAT ARE THEY REQUIRED TO REPORT

Citation: Ann. Laws Tit. 8, § 446
A report is required when either of the following apply:

• A person, in his or her professional capacity and in the performance of his or her functions, learns or comes to suspect that a minor is, has been, or is at risk of becoming a victim of abuse.
• A film processor has knowledge of or observes any motion picture, photograph, videotape, negative, or slide that depicts a minor involved in a sexual activity.

PENALTIES FOR FAILING TO REPORT

Failure to Report
Citation: Ann. Laws Tit. 8, § 450a
Any person, official, or public or private institution with the obligation of furnishing information pursuant to the provisions of either § 444 or 446 and who voluntarily and deliberately fails to comply with that obligation, who fails to perform any other act required by this chapter, or deliberately prevents another person acting reasonably from doing so shall commit a misdemeanor and if convicted shall be sanctioned by a fine up to $5000 or by imprisonment up to 90 days.

PENALTIES FOR FALSE REPORTING

False Reporting
Citation: Ann. Laws Tit. 8, § 450a
Any person, official, or public or private institution with the obligation of furnishing information pursuant to the provisions of either § 444 or 446 who deliberately furnishes false information or advises another person to do so shall commit a misdemeanor and if convicted shall be sanctioned by a fine up to $5000 or by imprisonment up to 90 days. Any information furnished that is found to be false and whose natural or probable consequence is deemed to have interfered in the legitimate exercise of custody, parental rights, and patria potestas shall be referred by the competent authority to the Department of Justice for evaluation and the subsequent corresponding prosecution.

PRIVILEGED COMMUNICATIONS

This issue is not addressed in the statutes reviewed.

REPORTER’S IDENTITY

Inclusion of Reporter’s Name in Report
The reporter is not specifically required by statute to provide his or her name in the report.

Disclosure of Reporter Identity
Citation: Ann. Laws Tit. 8, § 446
The identity of the person who made the report shall be kept in strict confidence.

The information provided is solely for informational purposes and is not legal advice. To determine the Puerto Rico mandatory reporting laws in a particular case, contact a lawyer in the state.

MIKE RINDER

Mike Rinder was born and raised in Australia by scientologist parents. He joined scientology’s elite corps, the Sea Org at 18, and rose to sit on the board of the Church of Scientology International and become scientology’s international spokesperson for more than 20 years as well as heading its Office of Special Affairs.

In 2007 he escaped scientology.  His entire family disconnected from him. He became a whistleblower against scientology abuses which has culminated in three seasons of the Emmy award winning Leah Remini: Scientology and The Aftermath. That show has changed public perception of scientology and given a voice to many of its victims.