19 Guam Code Ann. § 13505
Terms Used In 19 Guam Code Ann. § 13505
- 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.
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(b) Child Protective Services shall assume temporary protective custody of the relinquished newborn infant immediately upon receipt of notice under § 13507(a)(8) of this Article and shall take any action authorized under Guam law to achieve safety and permanency for the newborn infant subject to the limitations of this Article.
(c) Notwithstanding any other provision of law, no court of Guam shall enter an order pertaining to custody of the relinquished newborn infant, and Child Protective Services shall not relinquish temporary protective custody until:
(1) forty-eight (48) hours have elapsed from the time of relinquishment by the mother; and
(2) Child Protective Services has reported within forty- eight (48) hours all identifying information known to the agency concerning the infant, except personally identifying information pertaining to the relinquishing mother, to the Guam Police Department for a determination that the infant, based on all available information, has not been reported as a missing person.
(d) Notwithstanding any other provision of law, Child Protective Services shall contact an adoption agency duly licensed under Guam law to take physical custody of the infant; provided, that forty-eight (48) hours have elapsed from the time of relinquishment by the mother, the mother has made no request for reunification to Child Protective Services under § 13506 of this Article, and the infant has not been reported as a missing person. If there are multiple adoption agencies, Child Protective Services shall contact the next adoption agency on a rotating list maintained by Child Protective Services until an agency agrees to take physical custody of the infant. If no agency is identified to take custody, Child Protective Services shall take custody of the infant.
(e) Notwithstanding any other provision of law, the hospital shall transfer physical custody of the infant to the adoption agency identified by Child Protective Services under Subsection (d) of this Section. If no agency is identified to take custody, Child Protective Services shall take custody of the infant.
(f) Rebuttable Presumption. Relinquishment of a newborn
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infant creates a rebuttable presumption effective forty-eight (48) hours after the time of relinquishment that the mother who relinquishes a newborn infant in accordance with this Article intends to permanently relinquish custody of the newborn infant and consents to termination of parental rights.
SOURCE: Added by P.L. 34-120:3 (Sept. 8, 2018). Subsection (a)
amended by P.L. 36-040:3 (July 20, 2021.
2021 NOTE: Regarding the amendment 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
(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.