Chapter 1. Commission on Post-Mortem Examinations

§ 1301. Definition of Services. Adoption services can generally be defined as an option means and alternative for children who do not have the opportunity for a permanent home and familial relationship with their natural parents and wherein stable, nurturing, permanent family tie…

§ 1302. Intent of the Law. (a) According to 19 GCA § 4201 and Public Law 13-133, the purpose of the adoption law is: “to protect and promote the welfare of children, natural parents and adoptive parents and thereby promote the welfare of the Territory of Guam.” (b) The law, there…

§ 1303. Adoption as Permanency Plan. A child shall be placed for adoption only upon a determination of either one of the following: (a) Parent(s) relinquishing or giving child up for adoption. (b) Court/agency determining that adoption is an appropriate goal to meet the physical …

§ 1304. Assurances and Range of Services. (a) Services provided by the department shall thus: (1) Insure that the rights of the legal parents are respected. (2) Insure that the best interests of the child are protected. (3) Insure that the adoptive parents are able to provide sui…

§ 1305. Pre-Placement Services. The caseworker assigned to the parents of the child to be adopted shall be responsible for the following: (a) Counseling parent(s) to help them make a free and voluntary decision. (b) Counseling parent regarding the service alternatives to relinqui…

§ 1306. Evaluative Study of the Child. An evaluative study of the child’s needs and potentialities shall be conducted to: (a) Understand the child and assess the health, physical and personality characteristics, current development and special needs. (b) Determine whether the chi…

§ 1307. Recruitment of Adoptive Parents. (a) The Agency shall recruit, study and approve adoptive applicants for children in need of adoption. (b) Information about the Department’s adoption program shall be provided by the intake worker to all who make such requests. (c) The Age…

§ 1308. Selection of Adoptive Parents - Adoption Screening Committee. (a) Purpose: The Adoption Screening Committee (ASC) has the responsibility of reviewing adoption applications and eventually selecting adoptive parents for each child legally available for adoption and/or given…

§ 1309. Voluntary Termination of Parent- Child Relationship. (a) A parent, or parents, may voluntarily consent to the relinquishment of a child and termination of their parental rights for the purpose of adoption. (b) Parent(s) requesting such services should be provided with cou…

§ 1310. Preparation For Placement . (a) Placement of a child in an adoptive home shall be made only after the child and the adoptive parents are prepared for it. (b) The social worker shall prepare the following persons for placement: (1) The Child: Except for infants, preparatio…

§ 1311. Post-Placement Services or Removal . (a) After the child is placed in an adoptive home, there shall be a supervisory period of up to one (1) year prior to the consummation of the adoption, during which time the Department shall give supportive assistance to the adoptive p…

§ 1312. Court-Referred Adoption Studies. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 102 (a) Provision of Services: The Department shall accept orders from the court to conduct an adoption home study for a child who is already in an adoptive home but who was not p…

§ 1313. Annual Audit of Records of Adoption Agency. (a) Within one hundred eighty (180) days of the enactment of this Section, and annually thereafter, the Guam Department of Public Health and Social Services shall audit the records of an agency which provides adoption services i…

§ 1401. Program Requirements. To be eligible for coverage for the Maternal Child Health Program maternity care services, the client must be a resident of Guam who applies for and qualifies for services as determined by the MCH Program eligibility standards according to the follow…

§ 1402. Income Asset Limitations . The following chart indicates the monthly income and resource limitations of all immediate family members (husband, wife and children). Liquid resources shall include: cash on hand, check or savings account amount, stocks or bonds, shares in cre…

§ 1403. Application. The client can apply anytime during her pregnancy. She is required to complete the information and data sheet as required by the MCH Program and consent for release of information on cases denied for MIP.

§ 1404. Eligibility Periods. Eligibility period shall cover the present prenatal period (starts on the first prenatal visit) to postpartum (6 weeks after delivery).

§ 1405. Issuance of MCH Program Authorization Card. An MCH Program Authorization Card will be issued to the prenatal patient. The authorization card will indicate the authorization period coverage and name of authorized physician.

§ 1406. Selection of Physician. The MCH Office will designate the attending physician from D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 110 a list of physicians contracted by the MCH Program. Selection of physician will be based on the next physician on the list. D…

§ 1501. Memorandum of Understanding. For the purpose of legally entering a Memorandum of Understanding (MOU) authorizing the Department of Revenue and Taxation (DRT) to offset tax refund due the clients who owe the Department of Public Health and Social Services (DPH&SS) of over …

§ 1601. Legal Authority

§ 1602. Purpose . The Catastrophic Illness Assistance Program (CIAP) is designed and intended to assist families and individuals unable to afford the cost of medical treatment of a catastrophic illness. The purpose of these rules and regulations is to ensure that the intent of th…

§ 1603. Definitions . (a) Applicant means the member of the household whose injury or illness has resulted in the expenditures for medical care for which assistance is sought. (b) Department means the Department of Public Health and Social Services. (c) Director means the Directo…

§ 1604. Types of Treatment . (a) General. CIAP covers only medically necessary treatment of a catastrophic illness or injury, and only if that treatment is performed by licensed medical professionals in an approved medical facility. (b) Scope of Medical Coverage. CIAP covers all …

§ 1605. Eligibility . (a) An application is eligible for CIAP if he or she is a resident of Guam, and (1) has incurred thirty thousand dollars ($30,000) or more in costs for hospitalization and medical care over and above any medical insurance, Medicare, or Medicaid coverage or (…

§ 1606. Income and Resource

§ 1607. Household Liability

§ 1608. Application and Coverage. (a) Application. An application form for CIAP must be filed with the Department. The applicant shall be responsible for the truth of all statements provided in the application. The application may be filed by the head of household, spouse, or som…

§ 1609. Penalty for Fraudulent Actions. Any individual receiving assistance to which he is not entitled due to false declarations or misrepresentations shall be liable for repayment of paid medical claims incurred by any member of the household and may be prosecuted for misdemean…

§ 1610. Effective Date. These regulations shall apply to any applicant seeking assistance for medically related expenses incurred exclusively after October 1, 1992.

§ 1611. Severability NOTE: Rule-making authority cited for the formulation of regulations for the Catastrophic Illness Assistance Program by the Department of Public Health. Check with DPH&SS for the latest Rules for this program as there have been a number of legislative changes…

§ 1701. General Assistance. (a) Authority. The General Assistance Payment is administered island-wide by the Department of Public Health and Social Services, Division of Public Welfare, Bureau of Economic Security, Government of Guam. The same agency administers the federally fun…

§ 1702. Application Process. (a) Request for Application for Assistance. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 126 (1) Right to Apply. Each individual shall have the opportunity to apply for assistance and receive an application form without delay. An applic…

§ 1703. Eligibility Criteria. An individual shall be considered for General Assistance after he/she has applied for the federally funded Public Assistance programs and has been determined to be ineligible. (a) Citizenship Requirements. A recipient must be a U.S. citizen or an Ali…

§ 1704. Fair Hearing. (a) Availability of Hearings. (1) An opportunity for a hearing shall be granted to any applicant who requests a hearing because his or her claim for financial assistance or medical assistance is denied or is not D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OC…

§ 1705. Need Standard. (a) Overview. Public Law 20-76 “AN ACT TO REVISE THE STANDARDS OF ASSISTANCE” authorizes the Department of Public Health and Social Services to implement the revisions recommended in the Standards of Assistance Study issued by the Department in June, 1983. …

§ 1706. Recoupment and Correction of Payments. Recoupment of overpayment and correction of underpayments are applied uniformly throughout the Territory of Guam. The recovery of an overpayment can be waived when it can be reasonably assumed that the cost to collect will exceed the…

§ 1801. Introduction. The purpose of this manual is to provide the Bureau of Economic Security (BES) staff with requirements and procedures for determining eligibility and authorizing assistance in the administration of Public Assistance Programs under Guam’s Public Assistance St…

§ 1802. Discrimination Complaint and Resolution Procedures. The Department of Public Health and Social Services (DPH&SS) as the administrative entity for the Social Services Programs including Food Stamp Program (FSP), Public Assistance (PA), Women, Infant and Children (WIC) Prog…

§ 1803. Systematic Alien Verification for Entitlement (SAVE). (a) Background. On November 6, 1986, the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603 was signed into law. Section 121 of this legislation provides for verification of alien status through the I…

§ 1804. Fair Hearing. (a) Notification of Right to Request for a Hearing. The household shall be informed in writing of its right to a hearing during program orientation, interviews, and when its eligibility/benefit is denied, reduced or terminated, or during a denial or delay of…

§ 1805. Needs Standards. (a) Overview. Whereas, Public Law 20-76, “AN ACT TO REVISE THE STANDARDS OF ASSISTANCE” authorizes the D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 181 Department of Public Health and Social Services to implement the revisions recommended i…

§ 1806. Income and Eligibility Verification System (IEVS). (a) Introduction. The Deferred Reduction Act of 1984 (P.L. 98-369) requires establishments of an Income and Eligibility Verification System (IEVS) for agencies that administer Public Assistance, Medicaid, and Food Stamp (…

§ 1807. Disqualification for Intentional Program Violation (IPV)

§ 1821. Introduction. The purpose of this manual is to provide instruction on actions to be taken by Bureau of Economic Security (BES) staff in the Administration of Public Assistance Programs under Guam’s Public Assistance State Plan. This manual is intended to provide direction…

§ 1822. The Application Process. (a) Requests for Application for Assistance. (1) Right to Apply. Each individual shall have the opportunity to apply for assistance and receive an application form without delay. Any applicant may be assisted by other individuals in the various as…

§ 1823. Recoupment and Correction of Payments. Recoupment of overpayment and correction of underpayments are applied uniformly throughout the Territory of Guam. The recovery of an overpayment can be waived when it can be reasonably assumed that the cost to collect will exceed the…