Title 19 — Personal Relations

(a) This Chapter, which shall be called and may be cited as the “Child Protective Act,” creates within the jurisdiction of the Family Court procedures to safeguard, treat and provide permanent planning for children who have been harmed or threatened with harm. (b) I Liheslatura f…

For purposes of this Chapter: (a) “Abandonment” means the desertion or willful forsaking of a minor by the person responsible for the child’s welfare under circumstances in which a reasonable person would continue to provide care or custody; (b) “Abused or neglected child” means …

(a) This article shall be known and may be cited as the “Child Abuse and Neglect Reporting Act.” (b) The intent and purpose of this article is to protect children from abuse. In any investigation of suspected child abuse, all persons participating in the investigation of the case…

(a) Any person who, in the course of his or her employment, occupation or practice of his or her profession, comes into contact with children shall report when he or she has reason to suspect on the basis of his medical, professional or other training and experience that a child …

In addition to those persons and officials required to report suspected child abuse or neglect, any person may make such report if that person has reasonable cause to suspect that a child is an abused or neglected child.

(a) Reporting procedures. Reports suspected child abuse or neglect from persons required to report under § 13201 shall be made immediately by telephone and followed up in writing within 48 hours after the oral report. Oral reports shall be made to Child Protective Services or to …

The Guam Police Department and Child Protective Services shall develop and implement cooperative arrangements to coordinate existing duties in connection with the investigation of suspected child abuse. Child Protective Services shall initiate the development and implementation o…

Any person or official required to report suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report that fact to the chief medical examiner. The chief medical examiner shall accept the report for inve…

Any person, hospital, institution, school, facility or agency participating in good faith in the making of a report or testifying in any proceeding arising out of an instance of suspected child abuse or neglect, the taking of photographs or the removal or keeping of a child pursu…

Any person required to report pursuant to § 13201 who fails to report an instance of child abuse which he or she knows to exist or reasonably should know to exist is guilty of a misdemeanor and is punishable by confinement for a term not to exceed six months, by a fine of not mor…

(a) There shall be established in Child Protective Services (1) an active file of child abuse or neglect reports under investigation and those where services are being provided; (2) a central register of child abuse or neglect which shall consist of substantiated and indicated re…

Child Protective Services shall: (a) Receive 7 days a week, 24 hours a day, all reports, both oral and written, of suspected child abuse or neglect in accordance with this Article and the regulations of the Department; (b) Upon receipt of each report of suspected child abuse or n…

(a) Guam’s Child Protective Services shall develop written procedures for screening each referral for abuse or neglect of a child to assess whether abuse of another family or household member is also occurring. The assessment must include, but is not limited to: (1) inquiry conce…

(a) Any information received pursuant to this Article which could identify a subject of the report or the person making the report shall be confidential. Any person who will willfully releases or permits the release of any such information to persons or agencies not permitted by …

The Department shall adopt regulations necessary to implement this Article pursuant to the Administrative Adjudication Law.

If any part of this Article shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining part of this Article. ARTICLE 3 CHILD PROTECTIVE SERVICES

The Family Court shall have exclusive original jurisdiction in a child protective proceeding concerning any child who was or is found within Guam at the time such facts and circumstances occurred, are discovered, or are reported to the Department, which facts and circumstances co…

(a) The Department shall establish a “Child Protective Services”. It shall have a sufficient staff to fulfill the purposes of this Chapter and organized in such a way as to minimize the continuity of responsibility, care and services of individual workers toward individual childr…

(a) Except as provided in §13301.2 of this Chapter, Child Protective Services shall make reasonable efforts to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the home of the child, and t…

(a) Reasonable efforts to reunify a parent or guardian with the child shall not be required or shall cease if one (1) or more of the following circumstances exist: COL 2025-12-23 (1) the parent or guardian, upon a finding of clear and convincing evidence, has subjected the child …

Without Court Order. (a) A police officer, Child Protective Services social worker or physician shall assume protective custody of a child without a court order and without the consent of the child’s family regardless of whether the child’s family is absent if, in the discretion …

(a) Any health professional or paraprofessional, physician licensed or authorized to practice medicine in Guam, registered nurse or licensed practical nurse, hospital or similar institution’s personnel engaged in the admission, examination, care or treatment of patients, medical …

(a) A service plan is a specific written plan prepared by Child Protective Services and presented to such members of the child’s family as Child Protective Services deems to be necessary to the success of the plan, including, but not limited to, the member or members of the child…

(a) A petition invoking the jurisdiction of the court under this Chapter shall be filed in the manner provided in this section: (1) Petitions shall be entitled “In the Interest of (name of child), A Minor,” shall be verified and shall set forth with specificity: (A) The facts whi…

(a) After a petition has been filed, the court shall issue a summons requiring a child’s family member or members who have legal or physical custody of the child at the time of the filing of the petition to bring the child before the court at the preliminary hearing as set forth …

(a) Service of summons shall be made personally by delivery of a “stamped filed” copy to the person or legal entity summoned; provided that if the court is satisfied that it is impractical to personally serve the summons provided for in the preceding section, the court may order …

(a) The court shall appoint a guardian ad litem for the child to serve throughout the pendency of the child protective proceeding under this Chapter, provided, that a guardian ad litem’s appointment shall automatically terminate upon an award of permanent custody of the child by …

(a) Child Protective Services shall make every reasonable effort to submit written reports, or a written explanation regarding why a report is not being submitted timely, to the court with copies to the parties or their counsel or guardian ad litem. (b) Report or reports pursuant…

(a) In a temporary foster custody hearing, a determination that there exists reasonable cause to believe that a child is subject to harm or threatened harm may be based upon any relevant evidence whatsoever, including but not limited to hearsay evidence when direct testimony is u…

(a) Any testimony or other evidence produced by a party in a child protective proceeding under this Chapter which would otherwise be unavailable may be ordered by the court to be inadmissible as evidence in any other Guam civil or criminal action or proceeding, if the court deems…

(a) The recording of a statement of a child is admissible into evidence in any proceeding under this Chapter if: (1) The recording is visual, oral or both and is recorded on film, tape, videotape or by other electronic means; (2) The recording equipment was capable of making an a…

The physician-patient privilege, psychotherapist-patient privilege, spousal privilege, clergy-penitent privilege and lawyer-client privilege shall not be available to exclude evidence of harm or threatened harm in any proceeding under this Chapter.

(a) No hearing may commence under this Chapter unless the court enters a finding that each of the parties required to be notified pursuant to § 13306 has been served with a copy of the petition, provided that if a member or members of the child’s family required to be notified pu…

(a) Upon submission of the declaration in support of an ex parte order pursuant to subsection (g) of § 13302 or at a temporary foster custody hearing, the court may make an order of protection. Such an order may include but need not be limited to a requirement that a party: (1) S…

(a) In any case where Child Protective Services has assumed protective custody of a child with an ex parte order of the court, the court shall hold a temporary foster custody hearing within three working days from the date that the child was taken into protective custody. (b) At …

(a) If the child has not been taken into protective custody, a preliminary hearing shall be held within ten working days of the filing of the petition or, if a child has been taken into protective custody, a petition shall be filed and a preliminary hearing held within three work…

(a) When a petition has been filed, the court shall set an answering date to be held within seven working days after the date of the preliminary hearing. (b) At the answering, if the parties admit the allegations in the petition, the court may issue such orders which it deems to …

(a) If facts sufficient to sustain the petition are established, the court shall enter an order finding that the child is a child whose physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child’s family and …

(a) The court may consider any information relevant to disposition which is in the best interests of the child; provided, that the court shall determine initially whether the child’s family home is a safe family home. The court shall consider fully all relevant prior and current …

(a) Long-term foster custody divests from each legal custodian and family member who has been summoned pursuant to § 13306 and vests in a long-term custodian each of the parental and custodial duties and rights of a legal custodian and family member including but not limited to t…

(a) Except for good cause shown, the court shall set each case for progress hearing not later than six months after the date of an order of disposition and, thereafter, the court shall set subsequent progress hearings at interval of no longer than six months until the court’s jur…

A permanency plan is a specific written plan, prepared by Child Protective Services, which should set forth: (a) A position as to whether the court should order an adoption of the child and specify: (1) A reasonable period of time during which the adoption may be finalized; provi…

(a) The court shall hold a Permanency Plan Hearing to determine the future permanent legal status of the child: (1) within thirty (30) days after the court finds that reasonable efforts are not required pursuant to § 13301.2 of this Article; or (2) in all other cases, within twel…

Treatment. Whenever a service or treatment is provided to a party, or whenever care, support or treatment of a child is provided under this Chapter, after due notice to the persons or legal entities legally obligated to pay for such service, treatment, care or support of the chil…

If a party fails to comply with the terms and conditions of an order issued under this Chapter, the court may apply the provisions of § 5120 of Title 19, Guam Code Annotated, and all other provisions available under the law.

An interested party aggrieved by any order or decree of the court may appeal such order or decree to the Supreme Court of Guam. The pendency of appeal shall not suspend the orders of the court issued under this Chapter. 2022 NOTE: Pursuant to P.L. 21-147:7 (Jan. 14, 1993), the re…

The court shall keep a record of all child protective proceedings under this Chapter. The written reports, photographs, x-rays or other information of any nature which are submitted to the court may be made available to other appropriate persons, who are not parties, only upon an…

(a) Any information received pursuant to this Chapter which could identify any child reported to the central register of child abuse, the person(s) responsible for the child’s welfare named in the report, or the person making the report shall be confidential. Any person who willf…

Every public official or department shall render all assistance and cooperation within such person’s or department’s jurisdictional power which may further the purpose and objectives of this chapter. Child Protective Services and the court may seek the cooperation of organization…

Child protective agencies are authorized to establish multidisciplinary teams for the prevention, intervention and treatment of child abuse and neglect.