(1) an active file of child abuse or neglect reports under investigation and those where services are being provided;

(2) a central register of child abuse or neglect which shall consist of substantiated and indicated reports of child abuse or neglect; and
(3) a suspected file as provided in subsection (e) below. (b) Child Protective Services shall establish and maintain a
24-hour telephone reporting system that all persons, whether mandated by law or not, may use to report cases of suspected child abuse or neglect.

(c) No information shall be released from the central register unless Child Protective Services has positively identified the person requesting the information and Child Protective Services has inquired into and is satisfied that such person has a legitimate

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need within the scope of § 13210 to obtain information from the central register.

(d) The central register shall include and shall be limited to the following information:

(1) the names of the subjects of the report;

(2) the date or dates and the nature and extent of the alleged instances of suspected child abuse or neglect;

(3) the home addresses of subjects of the report;

(4) the age and sex of the children harmed or threat- ened with harm;

(5) the locality in which the harm or threatened harm occurred;

(6) whether the report is a substantiated report or an indicated report; and

(7) the progress of any legal proceedings brought on the basis of the report of suspected child abuse or neglect.

(e) If an investigation of a report of suspected child abuse or neglect does not determine, within 60 days from the date of the report of suspected child abuse or neglect, that the report is an indicated report, substantiated report or an unsubstantiated report, all information identifying the subjects of such report shall be placed in Child Protective Services’ suspected file for a period of one year.

(f) If an investigation of a report of suspected child abuse or neglect does not determine, within one year of the date of the report of suspected child abuse or neglect, that the report is an indicated report or a substantiated report, such report shall be considered an unsubstantiated report and all information identi- fying the subjects of such report shall be expunged from Child Protective Services’ suspected files.

2013 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters were altered in subsection (a) to adhere to the Compiler’s alpha-numeric scheme.

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§ 13209. Duties of Child Protective Services Concerning
Reports of Abuse.

Child Protective Services shall:

(a) Receive 7 days a week, 24 hours a day, all reports, both oral and written, of suspected child abuse or neglect in accordance with this Article and the regulations of the Department;

(b) Upon receipt of each report of suspected child abuse or neglect, commence within a reasonable time, but not later than 72 hours, an appropriate investigation. The investigation shall include a determination of the risk of such child or children if they continue to remain in the existing home environment, as well as a determination of the nature, extent and cause of any condition enumerated in such report and, after seeing to the safety of the child or children, forthwith notify the subjects of the report orally and in writing of the existence of the report. The investigation shall be completed within 60 days;

(c) The investigation shall determine whether the child is being harmed by factors beyond the control of the parent or other person responsible for the child’s welfare, and if so determined, Child Protective Services shall promptly take all available steps to remedy and correct such conditions, including but not limited to the coordination of social services for the child and the family;

(d) Determine within 60 days whether the report is
“”indicated,”” “”substantiated”” or “”unsubstantiated””;

(e) Pursuant to the provisions of § 13302 of the Child Protective Act take a child into protective custody to protect him or her from further abuse;

(f) Based on the investigation and evaluation conducted pursuant to this Article, provide or contract with private or public agencies for the protection of the child in his or her home whenever possible or those services necessary for adequate care of the child when placed in protective custody or temporary foster custody. Prior to offering such services

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to a family, explain that it has no legal authority to compel such family to receive said services but may inform the family of the obligations and authority of Child Protective Services to initiate appropriate court proceedings;

(g) In those cases in which an appropriate offer of service is refused and Child Protective Services determines that the best interests of the child require court action, initiate the appropriate court proceeding and request the court to appoint a guardian ad litem for the child;

(h) Assist the court during all stages of the court proceedings in accordance with the purposes of this Article;

(i) Provide or arrange for and monitor rehabilitative services for children and their families on a voluntary basis or under a final or intermediate order of the court; and

(j) Child Protective Services shall be as equally vigilant of the status, well-being and conditions under which a child is living and being maintained in a facility other than that of his or her parent, custodian or guardian from which he or she has been removed as it is of the conditions in the dwelling of the parent, custodian or guardian. Where Child Protective Services finds that the placement for any temporary or permanent custody, care or treatment is for any reason inappropriate or harmful in any way to the child’s physical or mental well-being, it shall take immediate steps to remedy these conditions including petitioning the court.

2013 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers were altered to adhere to the Compiler’s alpha-numeric scheme.