19 GCA § 13320
Disposition Hearing
View official PDF ↗(a)The court may consider any information relevant to disposition which is in the best interests of the child; provided, that the court shall determine initially whether the child’s family home is a safe family home. The court shall consider fully all relevant prior and current information, including any of the circumstances under § 13301.2 of this Article, for determining 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 interests of the child consistent with the requirements under § 13301.2 of this Article, if applicable. CH. 13 CHILD PROTECTIVE ACT
(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.
§ The story of this section
- Amended by P.L. 36-135 § 3 — introduced as Bill 299-36 · introduced by Mary Camacho Torres + 14 cosponsors
Interpreted by the courts:
- 1997 Guam 14 — Joanne Downey Coffey vs. The Government of Guam, In the Interest of M.D., Minor as the Real Party (1997) · per Benjamin J.F. Cruz, J. · pinpoints (d) at ¶22
- 2004 Guam 3 — In the Interest of J.L.L.P., a Minor, David Perez, Respondent-Appellant (2004) · per Frances M. Tydingco-Gatewood, J. · pinpoints (d) at ¶22
- 2023 Guam 13 — In the Interest of D.S., S.S, R.H., J.S., and S.S., Minors (2023) · per Robert J. Torres, J. · pinpoints (e) at ¶47
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.