Title 19, Personal Relations

(a) In the case of a child whose admission to the United States (Guam) as an eligible orphan with non-quota immigrant status pursuant to the Federal Immigration and Nationality Act is sought for the purposes of adoption in Guam, the following pre-adoption requirements shall be ob…

The purpose of this Article is to provide for voluntary severance of the parent-child relationship and for substitution of parental care and supervision by judicial process which will safeguard the rights and interests of all parties concerned and promote their welfare and that o…

When used in this Article, unless the text otherwise requires: (a) The words and terms court, child, division, legal custody, guardianship of the person, guardian ad litem, parent, parent-child relationship, residual parental rights and responsibilities and protective supervision…

(a) A petition may be filed by a parent either directly or through the Division. The parent-child relationship may be terminated with respect to the parent by whom or on whose behalf such petition has been filed, where the court finds that such termination is in the best interest…

The petition for the termination of the parent-child relationship shall include, to the best information or belief of the petitioner: (a) The name and place of residence of the petitioner; (b) The name, sex, date and place of birth and residence of the child; (c) The basis for th…

(a) After a petition has been filed, the court shall set the time and place for a hearing, and shall cause notice thereof to be given to the petitioner, the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual…

When termination of the parent-child relationship is sought under § 4303(b)(4), the court shall appoint a guardian ad litem for the alleged incompetent parent. The court may, in any other case, appoint a guardian ad litem, as may be deemed necessary or desirable, for any party. S…

Upon the filing of a petition, the court shall direct that a social study be made either by social service personnel attached to the court or by the Division and that a report in writing of such study be submitted to the court prior to the hearing, except that where the Division …

(a) Cases under this Article shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required as in other civil cases in the court unl…

Every order of the court terminating the parent-child relationship or transferring legal custody or guardianship of the person of the child or providing for protective supervision of the child shall be in writing and shall recite the findings upon which such order is based. Such …

An order terminating the parent-child relationship shall divest the parent and the child of all legal rights, privileges, duties and obligations, including rights of inheritance, with respect to each other. SOURCE: CC §231.10 enacted by P.L. 13-133:2 (Feb. 3, 1976).

All court costs including costs of giving notice and advertising shall be paid by the petitioners. The court, however, may suspend such costs where payment would work a hardship on the petitioner or would be otherwise inappropriate. SOURCE: CC § 231.11 enacted by P.L. 13-133:2 (F…

(a) The files and records of the court in any proceedings had under this Article shall be kept in a separate locked file and shall be withheld from public inspection, but shall be opened to inspection by persons having a legitimate interest in the case and their attorneys and by …

When the relationship of parent and child has been terminated by judicial decree in a state, such decree shall have the same force and effect as to matters within the jurisdiction of Guam as though it had been granted by a court of Guam. SOURCE: CC § 231.13 enacted by P.L. 13-133…

An action may be brought in the Superior Court for the purpose of having declared the existence or non-existence between the parties of the relation of parent and child, by birth or adoption. SOURCE: CC § 235 enacted by P.L. 15-063:1 (Feb. 3, 1976). NOTE: Chapter III, Title II, P…

As used in this Chapter: (a) Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means wil…

COL05182012 Except in the case of a medical emergency, or except as provided in §§ 4A103, 4A104, or 4A107, if a pregnant female is less than eighteen (18) years of age and not emancipated, or if she has been adjudged an incompetent person pursuant to judicial proceeding and deter…

If the minor patient declares in a signed written statement that she is a victim of sexual abuse, neglect, or physical abuse by either of her parents or legal guardian(s), then the attending physician shall obtain the written consent required by this Act from a brother or sister …

Consent shall not be required under § 4A102 or § 4A103 of this Act if: (a) the attending physician certifies in the patient’s medical record that a medical emergency exists and there is insufficient time to obtain the required consent; or (b) consent is waived under § 4A107 of th…

A parent or any other person shall not coerce a minor to have an abortion performed. If a minor is denied financial support by the minor’s parents, guardian, or custodian due to the minor’s refusal to have an abortion performed, the minor shall be deemed emancipated for the purpo…

(a) A monthly report indicating the number of consents obtained pursuant to this Act, the number of times in which exceptions were made to the consent requirement under this Act, the type of exception, the minor’s age, and the number of prior pregnancies and prior abortions of th…

(a) The requirements and procedures under this Section are available to minors and incompetent persons whether or not they are residents of Guam. (b) The minor or incompetent person may petition the Superior Court of Guam for a waiver of the consent requirement and may participat…

The Unified Judiciary of Guam is respectfully requested to establish rules to ensure that proceedings under this Act are handled in an expeditious and confidential manner, and to satisfy the requirements of the federal courts. The rules promulgation process rules shall begin with…

(a) Any person who intentionally performs an abortion with knowledge that or with reckless disregard as to whether the person upon whom the abortion is to be performed is an unemancipated minor or an incompetent person without obtaining the required consent is guilty of a felony …

(a) Nothing in this Chapter shall be construed or interpreted as making the conduct of an abortion illegal, when conducted pursuant to applicable law, this Chapter, and performed by a licensed medical physician.

If any provision of this law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this law which can be given effect without the invalid provisions or applications, and to …

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…

COMMENT: The modification in P.L. 17-012:2 deleted the clause in the final sentence of Subsection (a) which says Aand on request of the court@. The result is that the Attorney General may take part in any hearing as a matter of right. It is the belief of this drafter that the Att…

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…