) Where jurisdiction shall have been obtained by the Court in the case of any child, such jurisdiction shall be retained by the court for the purposes of this Chapter until such child becomes eighteen (18) years of age, unless he is discharged prior thereto by the court, or until the age of twenty-one (21) years if he has been committed to and received by any public institution or department or agency maintained by the government of Guam, or if the child is subject to an order of probation issued by the court; and the court may retain jurisdiction over a child placed by the court with such public institution or agency for temporary observation and care. Any decree or order of the court may be modified at any time, except as otherwise provided by law.

(b) Where jurisdiction shall have been obtained by the court through § 5103(a)(4) in the case of any child, such jurisdiction
may be retained by the court until such child becomes twenty-one (21) years of age, unless he is discharged prior thereto by the court. Any decree or order of the court may be modified at any time, except as otherwise provided by law.
(c) With respect to any such child who becomes eighteen (18) years of age while under the jurisdiction of the court, and who has at such time been committed to a juvenile facility by the court, the court may, upon motion of Guam, the child, or upon its own motion, and after a hearing commit the child to the custody of the Director of Corrections for confinement in the adult facility, or in any suitable public institution, agency, or department. Any decree or order of the court may be modified at any time, except as otherwise provided by law.

SOURCE: CCP § 254, as amended by P.L. 14-110 and modified by P.L.
17-012:2 and enacted as 19 Guam Code Ann. § 5105.

2022 NOTE: Reference to “”territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.

COMMENT: P.L. 14-110 amended by provisions of law relative to the juvenile court and the juvenile detention facilities to transfer such facilities from the court to the new Department of Youth Affairs. Therefore, this Section was amended accordingly, but with the addition that the Department is included with Asuch public institution or agency@ relative to temporary observation and care of the minor. It is thought that such omission was unintentional, but the addition is necessary, and this section modified accordingly, because the P.L. 14-110 refers to the Department of Youth Affairs or a public institution or agency maintained by the government of Guam. It seems that the court should be able to retain jurisdiction over the minor if he is transferred to the Department of Youth Affairs for temporary observation and care. Under former law, such a distinction was unnecessary as the juvenile facilities were maintained by the court.

The drafters believed that, since juveniles could be committed to various juvenile facilities until the age of twenty-one, it would be necessary to have some provision allowing their transfer to the adult facility after they become actual adults if the court determines that they cannot get along in the youth facility or are causing such disruptions that the facility cannot operate in its prime function of helping juveniles. The placement in the adult, or other, facility is not intended as a criminal sentence. Thus, the Family Division retains control over such persons.