Title 10, Health and Safety

(a) The court shall conduct the proceedings on the petition for post certification treatment within four (4) judicial days of the filing of the petition and in accordance with constitutional guarantees of due process of law. (b) If at the time of the hearing the person named in t…

New Petition. If the court finds that the person named in the petition for post-certification treatment has: (a) threatened, attempted or actually inflicted physical harm upon himself or the person of another after having been taken into custody for evaluation and treatment, and,…

Court. COL622016 (a) Nothing in this Chapter shall prohibit the director or qualified mental health professional person in charge of the facility in which the person is being involuntarily treated from releasing him from treatment prior to the expiration of ninety (90) days when …

Released. (a) The qualified mental health professional staff providing ninety (90) days involuntary treatment shall not be held civilly or criminally liable for any action by a person released at or before the end of the ninety (90) day period. (b) If during the ninety (90) days …

and Tagalog. Each person involuntarily detained for evaluation or treatment under the provisions of this Chapter shall have the following rights, a list of which shall be prominently posted in English, Chamorro and Tagalog in all facilities providing such services and otherwise b…

Rights. (a) Except to the extent that a qualified mental health professional determines that it is necessary for the medical welfare of the patient to impose restrictions, every patient shall be entitled: (1) To communicate by sealed mail or otherwise with persons, including offi…

Treatment Records; Information to Be Made Available to Person Detained. A person's rights under § 82601 or § 82602 of this Chapter may be denied for good cause only by the director or qualified mental health professional in charge of the facility. Denial of an involuntarily detai…

Every person involuntarily detained under the provisions of this Chapter for evaluation or treatment in any facility, including a conservatee placed in any facility, shall be entitled to all rights set forth in this Chapter and shall retain all rights unless specifically denied h…

Disclosure Authorized. All information and records obtained in the course of providing service to either voluntary or involuntary recipients of services shall be confidential. Information and records may be disclosed only: (a) In communications between qualified mental health pro…

Nothing in this Chapter shall be construed to prohibit the compilation and publication of statistical data for use by government or researchers under standards established by the Attorney General. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988). COL622016

Records; Penalty or Treble Damages; Injunction. (a) Any person may bring an action against an individual or agency who has willfully and knowingly released confidential information or records concerning him in violation of the provisions of this Chapter, for the greater of the fo…

Prohibited; Statement of Law to Be Given Person Leaving Facility. No person may be presumed to be incompetent because he has been evaluated or treated for mental illness, regardless of whether such evaluation or treatment was voluntarily or involuntarily received. Any person who …

Mechanical restraints shall not be applied to a patient unless it is determined by the treating qualified mental health professional person to be required by the medical needs of the patient, and the use thereof is approved by the court, or, in the case of an emergency, within 72…

The Government of Guam’s use of restraint or seclusion shall be strictly limited to emergencies when there is imminent risk of an individual physically harming himself or others and nonphysical intervention is not COL622016 effective. This Section applies to all direct care provi…

Exceptions. A conservator of the person, or the estate, or of the person and the estate may be appointed for any person who is gravely disabled as the result of a mental disorder. The procedure for establishing conservatorship under this Chapter shall be the same as that provided…

Investigating Officer; Pleading and Filing Requirements for Temporary Conservatorship. When the qualified mental health professional person in charge of a facility providing evaluation or intensive treatment determines that a person in his care is gravely disabled as a result of …

(a) A temporary conservator under this Chapter shall determine that arrangements are necessary to provide the person with food, shelter, and care pending the determination of conservatorship. He shall give preference to COL622016 arrangements which allow the person to return to h…

The officer providing conservatorship investigation shall investigate all available alternatives to conservatorship and shall recommend conserva- torship to the court only if no suitable alternatives are available. The report to the court shall be comprehensive and shall contain …

The person recommended to serve as conservator shall promptly notify the officer providing conservatorship investigation whether he will accept the position if appointed. If notified that the person or agency recommended will not accept the position if appointed, the officer prov…

Conservator. If the conservatorship investigation results in a recommendation for conservatorship, the recommendation shall designate the most suitable person or agency to serve as a conservator. No person, or agency, shall be designated as conservator whose interest, activities,…

The report of the officer providing conservatorship investigation shall contain his recommendations concerning the powers to be granted to, and the duties to be imposed upon the conservator, and the legal disabilities to be imposed upon the conservatee. The report of the court sh…

All conservators shall have such powers as the Court may designate. The report shall also recommend for or against the imposition of each of the following disabilities on the proposed conservatee: (a) The right to possess and carry firearms. (b) The privilege of possessing a lice…

to Investigating Officer. A conservator appointed pursuant to this Chapter shall have the right, if specified in the court order, to place his conservatee in a medical psychiatric, nursing, or other facility, or a hospital, a United States government hospital, or other non-medica…

Facility. (a) A conservator appointed under this Chapter shall find alternative placement for his conservatee within seven (7) days after he is notified by the qualified mental health professional in charge of the facility serving the conservatee that the conservatee no longer ne…

Conservatees. The Attorney General shall designate by regulation, standards to be followed by the officer providing conservatorship investigation in recommending for or against specific powers and duties of conservators and legal disabilities of conservatees under this Chapter. S…

Conservatorship initiated pursuant to this Chapter shall automatically terminate one (1) year after the appointment of the conservator by the Superior Court. The period of service of a temporary conservator shall not be included in the one-year period. If upon the termination of …

The Clerk of the Superior Court shall notify each conservator, his conservatee and the qualified mental health professional in charge of the facility in which the person resides, and the conservatee's attorney, one (1) month before the termination of the one-year period. Notifica…

Maximum Period; Decree. In the event the conservator continues in good faith to act within the powers granted him in the original decree of conservatorship beyond the one-year period, he may petition for and shall be granted a decree ratifying his acts as conservator beyond the o…

At any time, but not to exceed more than once each three (3) months, the conservatee may petition the Superior Court for a rehearing as to his status as a conservatee. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).

All petitions under this Chapter shall be heard within thirty (30) days and an attorney shall be provided for the conservatee or proposed conservatee. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).

Provisions. Conservatorship established under this Chapter shall supersede any commitment under other provisions of Guam law relating to the mentally ill. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).

A person who is no longer a conservatee shall not be presumed to be incompetent by virtue of his having been a conservatee under the provisions of this Chapter. ---------- ARTICLE 8 VOLUNTARY HOSPITALIZATION

Any member of the qualified mental health professional staff of a designated facility may admit for observation, diagnosis, care and treatment, any person who is mentally ill or has symptoms of a mental illness and who, being eighteen (18) years of age or over, applies therefor; …

Any qualified mental health professional member staff of a designated facility may authorize the release of a voluntarily admitted person whose hospitalization he determines to be no longer advisable. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).

(a) A voluntary patient who requests his release or whose release is requested, in writing by his legal guardian, parents, spouse, or adult next of kin shall be released forthwith, except that: (1) If the patient was admitted on his own application and the request for release is …

(a) If the time for appeal of his or her most recent assisted treatment order or renewal has expired, a patient may request a review of his or her assisted treatment status by the treating psychiatrist or qualified mental health professional. (b) The psychiatrist or qualified men…

(a) Notice of the status review hearing shall be mailed at least seven (7) calendar days in advance to the patient; the patient’s legal guardian or conservator, if known; the patient’s counsel, if known; an adult member of the patient’s household, if known; and anyone recognized …

I Liheslaturan Guåhan finds that Assisted Outpatient Treatment (AOT) is practiced in forty-five (45) states as an extension of inpatient treatment, while allowing the qualified patient with a treatable mental illness or condition to receive court ordered treatment on an outpatien…

The process for renewing an assisted treatment order is the same as for the application for an original assisted treatment order by petition, except that notice of the renewal hearing, as provided in § 82A504, shall also be sent to anyone recognized as a party at the initial assi…

(a) The first renewal for an assisted outpatient treatment period may last up to one hundred eighty (180) days and subsequent renewals up to three hundred sixty (360) days thereafter. (b) A subsequent renewal for an assisted outpatient treatment period may last up to three hundre…

Period. (a) A patient in assisted outpatient treatment may be discharged on the signature of both the treating medical professional and the medical director of the facility. (b) A patient under an assisted treatment order who is on outpatient status may be discharged on the signa…

Notice of discharge from an assisted treatment order shall be mailed at least seventy-two (72) hours before the planned discharge to (a) the petitioner; (b) the patient’s legal guardian or conservator, if known; (c) the patient’s counsel, if known; (d) an adult member of the pati…

(a) Any patient placed on assisted outpatient treatment must be given a treatment plan at the time of discharge from inpatient care and placement on an assisted outpatient treatment program for a period anticipated being greater than seventy-two (72) hours. (b) An outpatient trea…

A hearing before the court to determine the appropriateness of the discharge of a patient prior to the expiration of his or her assisted treatment period may be demanded as a matter of right by (a) the petitioner; (b) the patient’s legal guardian or conservator, if known; (c) an …

Officers. (a) At the request of the treating physician, or at the discretion of any law enforcement officer with the power of arrest, any person generally designated to do so by the government of Guam may bring to a designated facility for evaluation any person on assisted outpat…

(a) Any psychiatrist, other physician, or qualified mental health professional as designated pursuant to § 82101(g) of Chapter 82, who has been generally designated to do so by the government of Guam or GBHWC may initiate emergency treatment/observation based on a good faith beli…