Notice

(a)After a petition has been filed, the court shall set the time and place for a hearing, and shall cause notice thereof to be given to the petitioner, the parents of the child, the guardian of the person of the child, the person having legal custody of the child, any individual standing in loco parentis to the child, and the guardian ad litem of any party.

(b)Where the child’s parent is a minor, notice shall also be given to said minor’s parents or guardian of the person unless the court is satisfied that such notice is not in the best interest of said minor and that it would serve no useful purpose.

(c)Notice shall be given by personal service. However, where reasonable efforts to effect personal service have been unsuccessful or where it shall appear impracticable to attempt such service the court shall order service by registered or certified mail to the last known address of the person to be notified and by publication once a week for three

(3)successive weeks in a newspaper of general circulation on Guam. The hearing shall take place no sooner than ten

(10)days after service of notice, or where service is by registered or certified mail and publication, the COL 6/21/2023 CH. 4 PARENT AND CHILD hearing shall take place no sooner than ten

(10)days after the date of last publication.

(d)Notice and appearance may be waived by a parent in writing before the court or in the presence of, and witnessed by, a clerk of court or social worker attached to and designated by the court, provided that such parent has been apprised by the court or by such person of the meaning and consequences of the termination action. The parent who has executed such a waiver shall not be required to appear. Where the parent is a minor, the waiver shall be effective only upon approval by the court.

(e)If the mother of the child files a petition under § 4303(b)(5) with an affidavit representing that the identity or whereabouts of the child’s father is unknown to her, or not ascertainable by her, or that other good cause exists why notice cannot or should not be given to the father, the court shall conduct a hearing to determine whether notice is required. If the court finds that good cause exists why notice cannot or should not be given to the child’s father, and that the father is neither the legal nor adjudicated nor presumed father of the child, nor has he demonstrated a reasonable degree of interest, concern, or responsibility as to the existence or welfare of the child, then such notice may not be required.