Guam Administrative Code

§ 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…

§ 1824. Transitional Child Care Services. (a) Introduction. The purpose of this manual is to provide instructions on actions to be taken by Bureau of Economic Security (BES) staff in the administration of the Transitional Child Care Services. This manual is intended to provide di…

§ 1831. Introduction. The purpose of this manual is to provide instructions 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 directio…

§ 1832. Eligibility Requirements - OAA, AB, APTD. (a) Residency Requirement. To be eligible for assistance, applicants must be living in Guam with the intention of making D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 310 Guam their home permanently or for an indefin…

§ 1833. Old Age Assistance Program. (a) Eligibility Requirements Specific to OAA, AB and APTD. (1) Old Age Assistance (OAA). To be eligible for Old Age Assistance, an applicant must be 65 years or older. Verifications: (i) Birth Certificates (ii) Guam ID Card (iii) SPIMA ID Card …

§ 1841. Introduction. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 332 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…

§ 1842. The Application Process. (a) Request for Application for Assistance. (1) Right to Apply. Each individual shall have the opportunity apply for assistance and receive an application form without delay. An applicant may be assisted by other individuals in the various aspects…

§ 1843. 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…

§ 1844. Work Registration. GA recipients between the age 18 and 54 who are able bodied and are receiving food Stamp benefits must work register and participate in the Guam Employment and Training Program. (a) Guam Employment and Training Program (GETP) The Department of Public He…

§ 1845. 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…

§ 1846. Glossary.

§ 1901. General Provisions.

§ 1901.1. Purpose. The purpose of these rules and regulations is to formulate standards for family foster homes, and to provide guidelines for certification, issuance and operation of licensing to persons interested in fostering parenting care. These standards are applicable to a…

§ 1901.2. Authority. The Department of Public Health and Social Services (Department) is responsible for the placement of foster homes pursuant to 10 GCA § 2401 et seq., the Child Welfare Services Act, and U.S. Public Law 96-272, the Adoption Assistance and Child Welfare Act of 1…

§ 1901.3. Definitions. (a) Certificate means a license of approval issued by the Department of Public Health and Social Services authorizing the operation of a family foster home. (b) Family foster home means a home certified by the Department of Public Health and Social Services…

§ 1902. Procedures for Certification of Family Foster Homes. All family foster homes shall be licensed by the Department through issuance of a “Certificate for Family Foster Home” (Certificate), indicating that the standards for the care of foster children under these regulations…

§ 1902.1. Qualification of Applicants. (a) Married couples may apply to become foster parents by filing a joint application with the Bureau. A copy of the couple’s marriage license shall be attached to the application form. (b) Domestic partners may apply to become foster parents…

§ 1902.2. Social Evaluation. (a) The Bureau will conduct a social evaluation of the applicant(s), as well as the home environment, to determine qualifications under these regulations. The social evaluation shall be maintained in the applicant(s)’ file. (b) The social evaluation w…

§ 1902.3. Approval and Issuance of Certificate. D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 360 (a) On the basis of the social evaluation indicating the applicant has satisfactorily met the requirements under these regulations, the Department shall issue a Certifi…

§ 1902.4. Renewal of Certificate. A Certificate may be renewed by the Bureau every two (2) years upon submittal of a satisfactory re-evaluation report indicating that the home continues to provide the standard of care which meets the requirements of these regulations. A Provision…

§ 1902.5. Denial, Suspension, Revocation of Certificate. (a) The Department may deny a Certificate when an applicant fails to meet the standards for issuance of a Certificate under these regulations, has been convicted of a felony, or a crime involving violence, alcohol or drug a…

§ 1903. Administration of the Family Foster Home. (a) Number of Children to be Cared. (1) There shall be no more than six (6) children in a foster home, including the foster parents’ own children, unless approved by the Bureau. In the event the foster family is interested in prov…

§ 1904. Rights and Responsibilities of Child, Family, Foster Parents, and Caseworker. The Department recognizes that the child, family, foster parents, and caseworker have certain rights and responsibilities as set forth herein:

§ 1904.1. The Child. It is important for the child to have a voice and participate in decisions, consistent with his age and ability. The child has the right to receive honest information, have regular visitation with family and significant others, as per the service plan agreeme…

§ 1904.2. The Family. (a) Responsibilities of the parent(s) include: (1) cooperating and planning with the Bureau for their child(ren); D IV . 1 - D IRECTOR OF P UBLIC H EALTH & S OCIAL S ERVICES 364 (2) retaining their parental role as much as possible; (3) maintaining contact w…

§ 1904.3. The Foster Parents. The foster parents’ rights and responsibilities include: (a) the evaluation of their capacity to work with a particular foster child and the problems involved in the child’s situation; and (b) being informed of decisions regarding the foster child, i…

§ 1904.4. The Caseworker. (a) The caseworker’s responsibilities with the foster child include openly dealing with the separation and loss from the child’s family. The trauma is lessened if the caseworker helps the child face such feelings before removal by explaining the reason f…

§ 1905. Care of the Foster Child. (a) Member of Foster Family. A foster child shall be cared for as a family member and shall share in the family’s pleasures and responsibilities. The foster parents shall report to the Bureau any change which adversely affects the child under fos…

§ 1906. Foster Family and Home Environment. (a) Health of Foster Family. (1) All members of the household shall be free from communicable disease(s) and from physical and emotional conditions which may adversely affect the foster parents’ ability to care for the children. (2) The…

§ 1907. Housing and Sanitation. (a) Requirements. The home shall comply with acceptable state standards on housing and sanitation as follows: (1) Sleeping Arrangements. (A) The sleeping arrangements for a foster child shall include suitable light, ventilation, and provision for p…

§20101. Commission Meeting. The Chairman and Vice-Chairman shall be elected at the first Commission meeting for each calendar year and their terms shall extend through the end of the calendar year. Three (3) members of the Commission shall constitute a quorum for the meeting. The…

§20102. Appointment of Chief Medical Examiner and Other Officers. Appointment of the Chief Medical Examiner and his deputies is made by the Commission according to the specified qualifications and experience required for each position. Staff members other than the Chief Medical E…

§20103. Office of Post-Mortem Examinations. The Office of Post-Mortem Examinations shall be directed by the Chief Medical Examiner with the assistance of the Deputy Chief Medical Examiner, Morgue Attendant, Secretaries, Histology Technicians, Toxicology and the Crime Laboratory o…

§20104. Deaths to Be Investigated. The Office of the Post-Mortem Examinations shall investigate all human deaths providing such deaths in the opinion of the Medical Examiner arose from the following causes: Ch. 20 - Commission on Post-Mortem Examinations - 1997 - p. 3 (a) Violent…

§20105. Autopsies . An autopsy may be ordered and conducted by the duly appointed Medical Examiner whenever deemed necessary in their opinion to determine the cause and manner of death in those cases listed in §1104 of these Rules and Regulations. The Office of Post-Mortem Examin…