enever 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 adjustment as is practicable without a petition, or may authorize a petition to be filed by any person. If informal adjustments are made, they may be made only with the consent of the juvenile and any other parties who may be involved in the carrying out of such informal adjustments. The petition and all subsequent documents shall be entitled Ain the interest of
, a minor.@
The petition shall be verified and may be upon information and belief. It shall set forth plainly:
(a) the facts which bring the child within the purview of this Chapter;
(b) the name, age and residence of the child;
(c) the names and residences of the parents, if known; (d) the name and residence of the legal guardian, if any,
of the person or persons having custody or control of the child, or of the nearest known relative if no parent or guardian
can be found. If any of the facts herein required are not
known by the petitioner, the petition shall so state.
SOURCE: CCP § 256 enacted as 19 Guam Code Ann. § 5107 by P.L. 17-012:2.

COMMENT: While this Section appears to involve one procedure, practice before the Family Division indicates that this Section should be maintained in statutory form and, in fact, has not been changed by court rule. Practice shows that there are several forms of the petition depending upon the action desired and the facts of the matter. Thus, a petition on account of a neglected child is different from a petition alleging commission of an offense.

The Attorney General has suggested that the informal procedures permitted by this Section be spelled out because of due process requirements of the U.S. Supreme Court in re Gault and United States v. Kent. It seems to this drafter that detailing here need not be made. This Section follows exactly the current law. This drafter believes that any such informal procedures would be undertaken only with the consent of the minor (and his attorney, if he chooses to have one). If the informal procedures were rejected, then a petition would have to be filed. The whole idea of informal procedures is that they be creative as to the problem at hand. Therefore, this Section was changed to require that informal procedures be undertaken only with the consent of the parties involved, not only the juvenile, but any other parties, such as parents, school, etc.