Chapter 1. Commission on Post-Mortem Examinations

§ 1111.1. Reporting Child Abuse and Neglect. (a) Pursuant to the Child Abuse and Neglect Reporting Act (Title 19 GCA, Chapter 13, Article 2 §13201), a person required to report suspected child abuse or neglect is defined as: “Any person who in the course of his or her employment,…

§ 1111.2. Reporting Licensing Complaints . (a) The child care facility shall provide written information detailing the steps to report any licensing, health, and safety violations against a child care facility at the time of admission, to the child’s parent or guardian, and to po…

§ 1112. Display of Documents.

§ 1112.1. General. The following documents shall be posted in a prominent and conspicuous location, as designated by the Director, to be viewed by the public at all times in the child care facility: (a) License to Operate a Child Care Facility; (b) Sanitary Permit; (c) Copy of He…

§ 1113. Records Open to the Public.

§ 1113.1. Public Documents. (a) The Division’s licensing records are considered open records and are available to the public. (b) Responses to requests for records are conducted by the Division in conformance with the guidelines of the Sunshine Reform Act of 1999 (Title 5 GCA, Ch…

§ 1114. Transportation Provisions.

§ 1114.1. General. When transportation is provided by a child care facility, children shall be protected by adequate supervision, safety precautions, and liability and medical insurance coverages, as follows: (a) The vehicle and driver providing transportation shall be in complia…

§ 1115. Communication Between Parents and Early Childhood Providers. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 50

§ 1115.1. General. (a) Early childhood providers shall communicate and maintain an open door policy with parents or guardians including, but not limited to, the following information: (1) information and instructions related to the child; and (2) health, safety, child development…

§ 1116. Parental Accessibility.

§ 1116.1. General. (a) During the hours of operation, a child care facility shall allow access by parents or guardians having legal custody of a child in care to those areas of the child care facility that is licensed for child care. This is to allow parents or guardians the oppo…

§ 1116.2. Refraining from Releasing Children to Family. (a) If a parent or authorized person is found to be behaving in a way that impairs that person’s ability to care for the child (i.e., drunken behavior, belligerent), or lacks suitable equipment (i.e., an appropriate child pa…

§ 1117. Non-Discrimination.

§ 1117.1. General. (a) A child care facility shall not discriminate against any D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 51 person on the grounds of race, color, national origin, age, sex, religion or disability in admission to, participation in, or receipt of …

§ 1118. Denial, Suspension, or Revocation of License .

§ 1118.1. Denial, Suspension, or Revocation of License . (a) The Department may suspend any license to operate a child care facility under, but not limited to, the following conditions: (1) (A) Any environmental health violation under Title 10 of the Guam Code Annotated, Chapters…

§ 1118.2. Effect. (a) (1) Upon suspension or revocation, the licensee shall immediately return the license to the Division, and the licensee shall immediately cease all operations. (2) The licensee must provide its roster of enrolled children and emergency contact numbers to the …

§ 1118.3. Suspension in an Emergency. (a) (1) The Department may suspend any license without a prior hearing if failure of the licensee to comply with any these rules and regulations results in an emergency situation which endangers the life, health, or safety of the children or …

§ 1118.4. Follow-up to Enforcement Action. (a) Upon the expiration of the timeframe(s) prescribed in a corrective action plan for compliance, inspection report, or notice of adverse action, the Division staff will determine compliance by visiting the child care facility or progra…

§ 1119. Right to Appeal.

§ 1119.1. General. (a) Any child care facility receiving a notice indicating that the Director has initiated an action to deny, suspend or revoke its D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 55 license shall result in the licensee being informed of its right to…

§ 1120. Hearing.

§ 1120.1. General. (a) Except for a suspension in an emergency as outlined in § 1118.3 of these rules and regulations, whenever a license is to be denied, suspended or revoked, the licensee shall be notified in writing through a Notice of Adverse Action by the Director ten (10) d…

§ 1121. Serving of Notices.

§ 1121.1. General . (a) A notice provided for in these rules and regulations is properly served when it is delivered (1) to the licensee or (2) to the person in charge of the child care facility, or (3) when it is hand-delivered, or (4) mailed to the licensee via first class mail…

§ 1122. Severability.

§ 1122.1. General. If any phrase, clause, sentence, section, subsection, provision, or part of these rules and regulations or its applicability to any person or circumstance, if for any reason is held to be unconstitutional or invalid, the remaining portions of these rules and re…

§ 1123. Child Care Fund.

§ 1123.1. Child Care Revolving Fund; No Commingling. (a) As provided pursuant to § 2416 of Article 4 of Chapter 2, Division 1, Title 10, Guam Code Annotated, there is created, separate and apart from other funds of the government of Guam, a reserve fund known as the Child Care Re…

§ 1123.2. Expenditures from the Fund. (a) All proceeds from fees and fines collected pursuant to these rules and regulations shall be deposited into the Fund and shall be expended by the Department solely in support of the functions of the Division of Public Welfare of the Depart…

§ 1123.3. No Transfer Authority. The money placed in the Fund is not subject to any transfer authority of I Maga’lahen Guåhan [Governor of Guam].

§ 1124. Review.

§ 1124.1. General. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 58 (a) The Department shall review and update these regulations as needed, but in no event longer than five (5) years after the date of the initial promulgation of these Rules and Regulations, and at a…

§ 1201. Authority and Responsibility . (a) Program Authority and Coverage. The authority to formulate rules of procedures for investigations against individuals suspected of food Stamp Program abuse and misuse is derived from Public Law 15-35, specifically, Sections 9131 and 9132…

§ 1202. Conducting the Investigation and Referral of Same . (a) Review and Designation. (1) IRSS Supervisor Reviews and Designates Investigations. All complaints received by the Investigative and Recovery Services Section shall be routed to the Investigative and Recovery Services…

§ 1203. Conducting Administrative Disqualification Hearing . If a case is filed for an administrative disqualification hearing the following steps shall be taken: (a) Coordination with Hearing Official and Scheduling of Hearing. IRSS staff designated for administrative support to…

§ 1204. Referral of Cases for Prosecution. (a) IRSS Supervisor Determine Appropriate Cases. The IRSS Supervisor shall determine appropriate cases for referral for D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 73 prosecution based on any one or a combination of any o…

§ 1205. Implementation of Decisions . (a) Administrative Disqualification Hearing Decision. If the hearing authority handed down a decision, whether in favor of the suspected individual or the Department and the notice of decision has been returned to the Investigative and Recove…

§ 1206. Fair Hearing. (a) Fair Hearing Procedures. (1) Rights to a Fair Hearing. Unless the household has already had a fair hearing on the amount of the claim as a result of consolidation of the administrative disqualification hearing with the fair hearing; the household member …

§ 1207. Collection of Claims Against Households. (a) Inadvertent Household Error and Agency Error Claims. The IRSS shall initiate collection actions on all inadvertent household or administrative error claims, unless the claim is collected through offset and other conditions as d…

§ 1208. Method of Collecting Payments . (a) Methods of Collection. IRSS shall collect payments for any claims against household as follows: (1) Lump sum. (2) Partial payment and the rest in monthly installments. (3) In installments. (b) The household may make payments in cash, mo…

§ 1209. Procedures For Reduction of Food Stamp Allotment. (a) The IRSS may collect payments for inadvertent household error claims and intentional program violation claims from households currently participating in the program by reducing the household’s food stamp allotment. (b)…

§ 1210. Claims Discharged Through Bankruptcy. The Department shall act on behalf of, and as, FNS in any bankruptcy proceeding against bankrupt households owning food stamp claims. The Department shall possess any rights, priorities, interests, liens or privileges, and shall parti…

§ 1211. Interstate Claims Collection. In cases where a household moves out of Guam, the Department shall initiate or continue collection action against the household for any over issuance to the household which occurred while it was under the Department’s jurisdiction. IRSS, upon…

§ 1212. Submission of Payments FNS-209. (a) The Department shall retain the value of funds collected for inadvertent household error, intentional program violation, or D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 85 administrative error claims. This amount includes…

§ 1213. Returned Coupons. (a) Inter-Departmental Agreement. The inter-departmental agreement between the Department of Public Health and Social Services and the Department of Administration established a system and procedures for receipts, accounting and control of all payments o…