Valid Court Order Provisions

No status offender shall be placed in the Department’s Youth Correctional Facilities, a secure juvenile detention facility or juvenile holding facility as a means or form of punishment except following a finding that the child has violated a valid court order.

(a)For purposes of this Act, a valid court order is a court order given by a judge to a child who was brought before the court and made subject to the order, and who received, before the issuance of the order, the full due process rights guaranteed to such child by the Constitution of the United States. (42U.S.C. 5603, Section 103(16)).

(b)An accused status offender shall not be held in the Department's Youth Correctional Facility longer than twenty-four

(24)hours prior to and twenty-four

(24)hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, except under the following circumstances: a status offender may be held either in the Department’s Youth Correctional Facilities; Cottage Homes, which is the Department’s non-secured juvenile detention facilities; or the youth’s own home for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto. Runaways, who are not residing on Guam, COL 11292010 CH. 20 DEPARTMENT OF YOUTH AFFAIRS may be detained pending return to their home state or island, whichever the case may be.

(c)A valid court order must be in force and that a report by the Department states that remanding the youth, pursuant to § 21008(c) of this Act, is necessary to justify holding a youth in secured detention longer than seventy-two

(72)hours.