Title 19 — Personal Relations

There is here created for Guam a division of the Superior Court which shall be called the Family Division of the Superior Court. This Division of the Superior Court shall be a court of record, having a seal, and the judge, clerk and referees thereof shall be personnel of the Supe…

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 eightee…

Except as otherwise provided herein, the court shall have exclusive jurisdiction in proceedings: (a) Concerning any child living or found within Guam: (1) who is neglected as to proper or necessary support or education as required by law, remedial, psychiatric, psychological or o…

If, during the pendency of a criminal case against any person in any other court, it shall be ascertained that such person is a minor, it shall be the duty of such court forthwith to transfer the case, together with all papers, documents and testimony connected therewith, to the …

(a) Where jurisdiction shall have been obtained by the Court in the case of any child, such jurisdiction shall be retained by the court for the purposes of this Chapter until such child becomes eighteen (18) years of age, unless he is discharged prior thereto by the court, or unt…

(a) If a child is sixteen (16) years of age or older at the time he committed the offense for which he is charged, and if the conduct is a misdemeanor or a felony of the third degree, and if the court after full investigation deems it contrary to the best interest of such child o…

Whenever any person informs the court that a child is within the purview of this Chapter, the court shall make a preliminary inquiry to determine whether the interest of the public or of the child requires that further action be taken. Thereupon the court may make such informal a…

After a petition shall have been filed and after such further investigation as the court may direct, unless the parties hereinafter named shall appear voluntarily, the court shall issue a summons reciting briefly the substance of the petition and requiring the person or persons w…

Service of summons shall be made personally by the delivery of an attested copy thereof to the person summoned; provided, that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for the preceding Section, he may order servic…

If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the party served failed to obey the same, or in case when it shall be made to appear to the judge…

(a) When any child found violating any law or any rule or regulation with the force and effect of law, or whose surroundings are such as to endanger his welfare, is taken into custody, such taking into custody shall not be termed an arrest. The jurisdiction of the court shall att…

(a) All cases of children shall be dealt with by the court at separate hearings without a jury. The hearing shall be conducted in an informal manner, and may be adjourned, from time to time. Stenographic notes or other transcript of the hearing shall be required. The general publ…

The presiding judge of the Superior Court may appoint one (1) or more Family Division referees to serve on a full-time or part-time basis. A Family Division referee shall serve at the pleasure of the appointing judge, and unless the appointing judge makes his order terminating th…

When a child is found by the court to have committed any acts specified by § 5103(a) or is found to be in a condition specified in § 5103(a) of this Title, the court shall so decree, and in its decree shall make a finding of the facts upon which the court exercises its jurisdicti…

The court may, if it appears to be in the best interest of the child, place the child with the most appropriate agency, institution or person under the circumstances then prevailing. SOURCE: CCP § 264 as modified and enacted by P.L. 17-012:2 as 19 GCA § 5114. COMMENT: All referen…

Whenever a child is committed by the court to the custody other than that of his parents, or is given medical, psychological or psychiatric treatment under order of the court, and no provisions are otherwise made by law for the support of such child or payment for such treatment,…

(a) Any person who knowingly commits any act or knowingly omits the performance of any duty, which act or omission causes or tends to cause or encourage a child to become in need of the care and protection of the Family Division of the Superior Court, is guilty of a misdemeanor. …

All provisions of this Chapter relative to procedure in cases of children, when not inconsistent with provisions of law relating to the conduct of adult cases, shall so far as practicable also apply to cases against adults brought under § 5116 of this Chapter. With the consent of…

(a) Whenever in the course of the proceeding instituted under § 5107 of this Chapter, it shall appear to the court that the parents or the surviving parent of a child, or the mother of the child born out of wedlock, had abandoned such child for one (1) year or more or had substan…

Any adult who willfully violates, neglects or refuses to obey or perform any lawful order of the court or who violates any provisions of this Chapter may be proceeded against for contempt of court, unless another penalty is provided in this Chapter. Any adult found in contempt of…

In proceedings under this Chapter, no court fees shall be charged against and no witness fees shall be allowed to any party to a petition. No employee of the government of Guam shall be entitled to receive any fee for the service of process or for attendance in court in any such …

The court shall make and keep records of all cases brought before it, and shall devise and cause to be printed such forms for social and legal records and such other papers as may be required. The court's official records shall be opened to inspection only as provided by § 5123 o…

Those official records of the court, and the police reports in connection therewith, dealing with the violation by a child (except when the violation is the first offense) of any Guam law or a regulation having the force and effect of law shall be open to inspection. SOURCE: CCP …

(a) All government records concerning proceedings under § 5103(a) shall be sealed upon the juvenile's attaining 18 years of age, or upon attaining 21 years of age in the case of any person over whom jurisdiction is retained pursuant to § 5105(b). Any person whose record has been …

(a) Any interested party aggrieved by order or decree of the Family Division may appeal said order or decree to Supreme Court of Guam. The pendency of appeal shall not suspend the order of the Family Division regarding a child nor shall it discharge the child from custody of that…

It is hereby made the duty of every public official or department to render all assistance and cooperation within his or its jurisdictional power which may further the objects of this Chapter. The Family Division is authorized to seek the cooperation of all societies or organizat…

The presiding judge shall appoint men and women from the community who shall be representative of human service entities both public and private and may include but are not limited to, commissioners, probation officers, police or educational personnel, and military personnel, to …

(a) The Guam Police Department may photograph and fingerprint any child who is believed based upon probable cause to have committed a violation of Guam law and is in police custody. (b) Within thirty (30) days of the failure of the government to prosecute the juvenile or a findin…

This Chapter shall be liberally construed to the end that each child within the jurisdiction of the court shall receive such care, guidance and control, preferably in his home, as will enhance the child's welfare and be in the best interest of Guam, and then when such child is re…

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Chapter. SOURCE: CCP § 282 reenacted by P.L. 17-012:2 as 19 GCA § 5130.

On the effective date of this title, and subject to the provisions of § 5132, §§ 250 through 282, inclusive, of the Code of Civil Procedure are hereby repealed. SOURCE: New Section; repeals the old Juvenile Court Act. No other laws need be repealed.

This Act shall take effect 90 days after being signed into law. Upon this act's taking effect, it shall apply to all proceedings under § 5103, regardless of when commenced, provided that this act shall only apply to proceedings under § 5103(a)(4) wherein the date of the conduct c…

This Chapter may be cited as the Family Court Law. SOURCE: CCP § 281 modified to reflect change in Court Title, and enacted by P.L. 17-012:2 as 19 GCA § 5133. COMMENT: Since the jurisdiction of the Family Division is statutorily increased to include all family matters, the name o…

and Objectives. (a) Goal. The goal of this Chapter is to promote a balanced juvenile justice system in Guam to protect and safeguard the rights of those injured, whether it be the community or any victim of crime, to impose offender accountability for violations of law, and to eq…