19 Guam Code Ann. § 13502
Terms Used In 19 Guam Code Ann. § 13502
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
(1) the infant is thirty (30) days or younger, as determined to a reasonable degree of medical certainty by authorized Safe Haven personnel;
(2) the mother expresses no clear intention to return for the newborn infant; and
(3) the infant presents no evidence of child abuse that occurred at any time prior to the act of relinquishment.
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(b) Authorized Safe Haven personnel shall receive an infant properly relinquished under this Article on behalf of an affiliated authorized Safe Haven.
Due to extenuating circumstances, if the mother of a newborn infant is unable to relinquish custody of the newborn infant at an authorized Safe Haven, emergency medical services personnel, as defined in 10 Guam Code Ann., Chapter 84, may take custody of the infant upon the consent of the mother, if the mother dials the 911 emergency call number and stays with the infant until emergency medical services personnel arrive to take custody of the infant. An infant relinquished under this Section must meet the conditions under Subsections (a)(1)-(3) of this Section. The dispatch center or the emergency medical services personnel shall inform the infant’s mother of the ability to remain anonymous as described in § 13504 of this Article.
(c) Any attempt to relinquish a newborn infant under this Article shall constitute implied consent for authorized Safe Haven personnel and any affiliated authorized Safe Haven to perform all necessary emergency medical services. The newborn infant shall be presumed eligible for coverage under Medicaid, subject to federal regulations.
(d) Proper relinquishment under this Article shall not, in and of itself, constitute abuse or neglect requiring reporting and investigation under Article 2 of this Chapter.
SOURCE: Added by P.L. 34-120:3 (Sept. 8, 2018). Subsection (a)
amended by P.L. 36-040:2 (July 20, 2021.
2021 NOTE: Regarding the amendment to subsection (a) by P.L. 36-040 (July 20, 2021), this law provided:
Child Protective Services shall have thirty (30) days from the date of enactment to implement the administrative requirements for the distribution of materials attached hereto as Exhibit “”A””: “”General Guidelines for Authorized Safe Havens””; Exhibit “”B””: “”Letter to Mother Relinquishing Infant””; Exhibit “”C””: “”Medical Information Questionnaire””; and Exhibit “”D””: “”Drop-Off Report Form.”” All authorized Safe Havens shall:
(a) ensure staff is familiar with this Act and distribute materials provided by Child Protective Services;
(b) adopt written policies and procedures in accordance with the provisions of the Newborn Infant Safe Haven Act; and
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(c) transmit written policies and procedures in accordance with the provisions of the Newborn Infant Safe Haven Act to the Speaker of I Liheslaturan Guåhan no later than forty-five (45) days from the date of enactment.
Child Protective Services may amend the materials, as necessary.