19 Guam Code Ann. § 13320
Terms Used In 19 Guam Code Ann. § 13320
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
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whether the child’s family is willing and able to provide the child with a safe family home, and the report or reports submitted pursuant to § 13309 of this Article, in rendering such a determination. Notwithstanding any other provision under this Section, if the court finds by clear and convincing evidence that any of the circumstances specified in § 13301.2(a) of this Article exists, the court shall render a determination pursuant to § 13301.2(c) of this Article, and hold a Permanency Plan Hearing as provided in § 13324 of this Article within thirty (30) days after
the determination.
(b) If the court determines that the child’s family is presently willing and able to provide the child with a safe family home without the supervision of Child Protective Services, the court shall terminate jurisdiction.
(c) If the court determines that the child’s family home is a safe family home with the supervision of Child Protective Services, the court shall place the child and the child’s family members who are parties under the supervision of an authorized agency, return the child to the child’s family home and enter further orders, including, but not limited to, restrictions upon the rights and duties of the authorized agency, as the court deems to be in the best interests of the child.
(d) If the court determines that the child’s family home is not a safe family home, even with the supervision of Child Protective Services the court shall vest foster custody of the child in an authorized agency and enter such further orders as the court deems to be in the best interests of the child.
(e) If the child’s family home is determined not to be safe, even with the supervision of Child Protective Services pursuant to Subsection (d) of this Section, the court may, and if the child has been residing outside the family home for a period of one (1) year, the court shall, set the case for a Permanency Plan Hearing and order that the authorized agency submit a report pursuant to § 13309 of this Article.
(f) At the disposition hearing, the court may order such terms, conditions and consequences as the court deems to be in the best
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interests of the child consistent with the requirements under § 13301.2 of this Article, if applicable.
(g) The court may order that any party participate in, complete, be liable for, and make every good faith effort to arrange payment for such services or treatment as are authorized by law and are deemed to be in the best interests of the child.
(h) At any stage of the child protective proceeding, the court may order that a child be examined by a physician, surgeon, psychiatrist or psychologist, and it may order treatment by any of them of a child as is deemed to be in the best interests of the child. For either examination or treatment, the court may place the child in a hospital or other suitable facility, pursuant to the provisions of §§ 82101 et seq. of this Title.
SOURCE: Subsection (a)-(f) amended by P.L. 36-135:3 (Dec. 28, 2022). Effective 90 days after enactment pursuant to P.L. 36-135:7 (Dec. 28,
2022).