Deinstitutionalization of Status Offenders

There is hereby established within the Department a Deinstitutionalization of Status Offender Program (the Program) which shall ensure that children are not placed in secured correctional or detention facilities for offenses that would not be considered criminal if committed by an adult. A Status Offender is a juvenile offender who has been charged with or adjudicated for conduct which would not, under the laws of Guam and the laws of the United States applicable to Guam, be a crime if committed by an adult (28 CFR 31.304(h)).

(a)The Department, through the Program, shall provide alternative placements for youths who either,

(1)are status offenders, or

(2)have been identified as “at risk” or referred for services by any government or private agency as abuse or neglect victims.

(b)Such alternative placements may be provided in a Department facility separate and apart from the Youth Correctional Facilities or in private organizations on a contractual basis, and shall include, but not be limited to, any of the following: shelters; therapeutic foster homes; COL 11292010 CH. 20 DEPARTMENT OF YOUTH AFFAIRS casework and counseling; psychological evaluation; family reconstruction; outreach; information and referral; drug and alcohol assessments; crisis intervention; individual and group therapy; and support services and prevention programs at all levels. The services must be provided in a comprehensive and holistic approach focusing on the family and the troubled youth; provided, that such services shall be administered by bona fide, certified professionals in social work or related disciplines.

(c)In the Program, special attention shall be placed on the development and implementation of services to those children who have committed status offenses and who have been referred to the Family Court, or who are in violation of § 21009 of Title 19, Guam Code Annotated.

(d)The Department shall annually cause an independent review of the Program to be conducted by persons not affiliated with the Department, and shall, itself, annually review the Program to determine the extent to which optimum services have been provided. The Department shall within thirty

(30)days after receipt of the independent review, but in no event, later than March 1st of each year, submit a copy to I Liheslatura.