(a) Any person who, in the course of his or her employment, occupation or practice of his or her profession, comes into contact with children shall report when he or she has reason to suspect on the basis of his medical, professional or other training and experience that a child is an abused or neglected child. No person may claim “”privileged communications”” as a basis for his or her refusal or failure to report suspected child abuse or neglect or to provide Child Protective Services or the Guam Police Department with required information. Such privileges are specifically abrogated with respect to reporting suspected child abuse or neglect or of providing information to the agency.

(b) Persons required to report suspected child abuse under Subsection (a) include, but are not limited to, any licensed physician, medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical

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CH. 13 CHILD PROTECTIVE ACT

nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, clergy member of any religious faith, or other similar functionary or employee of any church, place of worship, or other religious organization whose primary duties consist of teaching, spreading the faith, church governance, supervision of a religious order, or supervision or participation in religious ritual and worship, school administrator, school teacher, school nurse, school counselor, social services worker, day care center worker, or any other child care or foster care worker, mental health professional, peace officer or law enforcement official.

(c) Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative or slide depicting a child under the age of 18 engaged in an act of sexual conduct shall report such instances of suspected child abuse to Child Protective Services immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative or slide attached within 48 hours of receiving the information concerning the incident. As used in this section, sexual conduct means any of the following:

(1) Sexual intercourse, including genital-genital, oral- genital, anal-genital or oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(2) Penetration of the vagina or rectum by any object; (3) Masturbation, for the purpose of sexual stimulation
or the viewer;

(4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer; or

(5) Exhibition of the genitals, pubic or rectal areas of any person for the purpose of sexual stimulation to the viewer.

SOURCE: Added by P.L. 20-209:5 (Aug. 22, 1990) as 10 Guam Code Ann. § 88201. Codified to this section by the Compiler pursuant to 1 Guam Code Ann. § 1606. Subsection (b) amended by P.L. 30-218:2 (Dec. 21, 2010).

COL 6/21/2023

19 Guam Code Ann. PERSONAL RELATIONS
CH. 13 CHILD PROTECTIVE ACT