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Terms Used In 19 Guam Code Ann. § 13310

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) In a temporary foster custody hearing, a determination that there exists reasonable cause to believe that a child is subject to harm or threatened harm may be based upon any relevant evidence whatsoever, including but not limited to hearsay evidence when direct testimony is unavailable or when it is impractical to subpoena witnesses who will be able to testify to facts from personal knowledge.

COL 6/21/2023

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

(b) In a fact-finding hearing, a determination that the child has been harmed or is subject to threatened harm shall be based on a preponderance of the evidence, and, except as otherwise provided under this Chapter, only competent and relevant evidence may be admitted.

(c) In subsequent hearings, other than a permanency plan hearing, any determination shall be based on a preponderance of the evidence and any relevant evidence shall be admitted.

(d) In a permanency plan hearing:

(1) A determination that permanent custody of a child be awarded to Child Protective Services shall be based upon clear and convincing evidence; and

(2) A determination that a child should be the subject of an adoption shall be based upon clear and convincing evidence.

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