Definitions

As used in this Chapter:

(a)Abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use, prescription, or means is not an abortion if done with intent to:

(1)save the life or preserve the health of an unborn child;

(2)remove a dead unborn child caused by spontaneous abortion; or

(3)remove an ectopic pregnancy.

(b)Coercion means restraining or dominating the choice of a minor female by force, threat of force, or deprivation of food and shelter.

(c)Consent means a written statement signed by the mother, father, or legal guardian (or alternate person as described in § 4A103) COL05182012 CH. 4A PARENTAL OR GUARDIAN CONSENT REQUIRED FOR ABORTION of the minor declaring that the affiant has been informed that the minor intends to seek an abortion and that the affiant consents to the abortion.

(d)Department means the Department of Public Health and Social Services.

(e)Emancipated minor means any person under eighteen

(18)years of age who is or has been married, or who has been legally emancipated.

(f)Incompetent means any person who has been adjudged a disabled person and has had a guardian appointed for her pursuant to judicial proceeding and determination.

(g)Medical emergency means a condition that, on the basis of the physician’s good-faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a bodily function.

(h)Neglect means the failure of a parent or legal guardian to supply a child with necessary food, clothing, shelter, or medical care when reasonably able to do so, or the failure to protect a child from conditions or actions that immediately and seriously endanger the child’s physical or mental health when reasonably able to do so.

(i)Physical abuse means any physical injury intentionally inflicted by a parent or legal guardian on a child.

(j)Physician or attending physician means any person licensed to practice medicine on Guam. The term includes medical doctors and doctors of osteopathy.

(k)Sexual abuse means any sexual contact or sexual penetration as defined in § 25.10(a)(8) and

(9)of Chapter 25, Title 9, Guam Code Annotated, and committed against a minor by an adult family member as defined in this Act, or a family member as defined in Chapter 13 of Division 1, Title 19, Guam Code Annotated, and as further provided for in Chapter 25, Title 9, Guam Code Annotated.