Definitions

19 GCA § 5102, under Family Court Act.

19 GCA § 5102

When used in this Chapter, unless the context otherwise required: (a) Court means the Family Division of the Superior Court. (b) Judge means a judge of the Superior Court sitting, either permanently or temporarily, as judge of the Family Division.

(c) Adult means a person eighteen (18) years of age or older. (d) For the purposes of § 5103(a)(4) only, a child or minor means a person less than eighteen (18) years of age on the date legal proceedings are first commenced against him. For all other purposes, a child or minor is a person who is less than eighteen (18) years of age. SOURCE: 19 GCA § 5102, a modification of CCP § 251 enacted by P.L. 17-012:2. COMMENT: The general scheme of the former Juvenile Court Act has been continued here, and 9 GCA § 7.10(a) is amended by the enacting statute for this Title, to continue the law that the age of a person, when differentiating between a minor and adult, is as of the date legal proceedings were commenced -- not the time the offense was committed. This change is due to the fact that Guam does not have facilities to confine persons as juveniles past the age of 18. The determination of a person's age was made in the District Court case of People v. LeFever (not published). The 9th Circuit Court of Appeals dismissed the appeal on other grounds (People v. LeFever, 454 F.2d 270). This Section follows existing law as to the time a person's age is determined. Another advantage of this firm dividing line is that there can be little argument as to what court has jurisdiction over the person, whereas under the other definition, considerable uncertainty is raised over the issue.