(a) In any case where Child Protective Services has assumed protective custody of a child with an ex parte order of the court, the court shall hold a temporary foster custody hearing within three working days from the date that the child was taken into protective custody.

(b) At the temporary foster custody hearing, the court on its own motion may order that the child immediately be released from protective custody and returned to the child’s family home under such terms and conditions, including, but not limited to, orders which may be entered pursuant to subsection (d) of § 13317, as are deemed by the court to be in the best interests of the child; provided that upon such return, the child and the child’s family members who are parties shall be under the supervision of Child Protective Services prior to the fact-finding hearing.

(c) After a temporary foster custody hearing, if the court determines that there is reasonable cause to believe that placement in temporary foster care is necessary to protect the child from harm or threatened harm, it shall order that the child remain in the temporary foster custody of Child Protective Services under such terms and conditions, including but not limited to orders which may be entered pursuant to subsection (d) of § 13317 as are deemed by the court to be in the best interests of the child; provid- ed that prior to ordering placement or continued placement in any proceeding under this chapter:

(1) The court first shall give due consideration to ordering the removal or continued removal of the alleged perpetrator of the harm or threatened harm from the child’s family home prior to placing or continuing to place the child out of the family home. The child’s family shall have the burden of establishing that it is not in the best interests of the

COL 6/21/2023

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

child that the alleged perpetrator be removed from the family’s home rather than the child by order of the court.

(2) If siblings or psychologically bonded children are removed from their family home, the court shall order that every reasonable effort be made to place them together, unless it is not in the best interests of the children.

(d) Any party may move for, or the court on its own motion may order, a temporary foster custody hearing or rehearing at any time after the petition is filed under this Chapter to determine whether the best interests of the child require that the child be placed in temporary foster custody prior to a fact-finding hearing.