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19 GCA § 13502

General Policy

Guam Code AnnotatedTitle 19 — Personal Relations
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(a)The mother of a newborn infant may relinquish custody of the newborn infant to an authorized Safe Haven by voluntarily surrendering the newborn infant to authorized Safe Haven personnel; provided, that:

(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.

(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 GCA 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.

§ The story of this section

  1. Enacted by P.L. 34-120 § 3 — introduced as Bill 322-34 · introduced by Mary Camacho Torres
  2. Amended by P.L. 36-40 § 2 — introduced as Bill 109-36 · introduced by Mary Camacho Torres + 9 cosponsorsWatch the public hearing · Apr 20, 2021

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.