19 Guam Code Ann. § 4209
Terms Used In 19 Guam Code Ann. § 4209
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
SOURCE: CC § 221.9 enacted by P.L. 13-133:1 (Feb. 3, 1976).
§ 4210. Social Study.
(a) Upon the filing of a petition, the court shall direct that a social study be made 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 child’s guardian or the person whose consent to adoption is required is an officer of the Division, it shall file with the court prior to the hearing a report of its social study. The court may order additional social studies if it deems necessary. Social studies may also be made at the discretion of the Administrator of the Division of Children’s Wellness prior to the filing of a petition on the request of birth parents, potential adoptive parents, or Child Protective Services. The social study shall include the social history, the present condition of the child, the child’s placement in the home of the petitioners and his adjustment therein, the suitability of such home and such other information as may be pertinent to the adoption proceeding, and the report submitted shall include such information, a recommendation, and the reasons therefore as to whether or not the petition for adoption should be granted and shall be accompanied by a verified transcript of the child’s birth certificate. The purpose of the social study is to aid the court in making disposition of the petition and shall be considered by the court prior thereto.
(b) In order to ensure timely social studies are conducted and submitted to the court, the Administrator of the Division of Children’s Wellness may authorize personnel from other divisions or agencies, or may procure services from private contractors or retired personnel of the Division or other divisions or agencies of
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19 Guam Code Ann. PERSONAL RELATIONS
CH. 4 PARENT AND CHILD
the government of Guam, to conduct social studies; provided, that such social studies shall be submitted to the Division for review and approval prior to submission to the court. When a Guam resident files a petition for adoption in another jurisdiction, the Division may charge the Guam resident(s) a fee for social studies conducted under this Section.
(c) Minimum Qualifications. Private contractors, personnel from other divisions or agencies, and retired personnel of the Division or other divisions or agencies of the government of Guam conducting social studies under this Section shall first be approved by and have minimum qualifications as determined by the Administrator of the Division of Children’s Wellness.
(d) Prior to the procurement of services for any social study conducted by private contractors, personnel from other divisions or agencies, and retired personnel of the Division, or other divisions or agencies of the government of Guam, the Administrator of the Division of Children’s Wellness shall immediately submit a report to the Speaker of I Liheslaturan Guåhan containing the minimum qualifications required of such individuals or entities.
SOURCE: CC § 221.10 enacted by P.L. 13-133:1 (Feb. 3, 1976). Amended by P.L. 36-093:2 (Apr. 11, 2022).