(a) Cases under this Article shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required as in other civil cases in the court unless all parties waive the right to such record and the court so orders. The general public shall be excluded and only such persons admitted whose presence is requested by any person entitled to notice under § 4305 or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent. In addition, the court may require the presence of witnesses (including persons making any report, study or examination which is before the court when such persons are reasonably available) deemed necessary to the disposition of the petition; except, that a parent who has executed a waiver pursuant to § 4305(d), or whose identity is unknown under § 4305(e), shall not be required to appear at the hearing.

(b) When termination of the parent-child relationship is sought under § 4303(b) the parent or guardian ad litem shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of his right to have counsel, and if counsel is requested and the parent is financially unable to employ counsel, counsel shall be provided.

COL 6/21/2023

19 Guam Code Ann. PERSONAL RELATIONS
CH. 4 PARENT AND CHILD

(c) The court’s finding with respect to grounds for termination shall be based upon a preponderance of evidence under the rules applicable to the trial of civil causes, provided that relevant and material information of any nature, including that contained in reports, studies or examination, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such a report, study or examination shall be subject to both direct and cross-examination when he is reasonably available.

(d) Where the termination is sought under § 4303(b)(4) to support a decree of termination, evidence of the alleged condition shall be no less than that required to support involuntary hospitalization pursuant to 10 Guam Code Ann., Chapter 82, Article 3.

(e) Where the termination is sought under § 4303(b)(5) to support a decree of termination, the standard of proof shall be by clear and convincing evidence.

SOURCE: CC § 231.8 enacted by P.L. 13-133:2 (Feb. 3, 1976). Amended by P.L.35-091:4 (June 26, 2020).