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Terms Used In 19 Guam Code Ann. § 13319

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
(a) If facts sufficient to sustain the petition are established, the court shall enter an order finding that the child is a child whose physical or psychological health or welfare has been harmed or is subject to threatened harm by the acts or omissions of the child’s family and shall state the grounds for the finding; provided that if all parties consent, the grounds for the finding may be based upon

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COL 6/21/2023

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

the report or reports submitted pursuant to § 13309 or other stipulated evidence may be admitted into evidence subject to reservation by the parties of their right to cross-examination subject to subsection (c) of § 13309.

(b) If facts sufficient to sustain the petition under this Chapter are not established, the court shall dismiss the petition and shall state the grounds for dismissal.

(c) If the court sustains the petition and does not immediately enter an order regarding the disposition of the child, it shall:

(1) Determine, based upon the facts adduced during the fact-finding hearing and any other additional facts presented to it, whether temporary foster custody should be continued or should be entered pending an order of disposition. The court shall consider all relevant prior and current information for determining whether the child’s family is willing and able to provide the child with a safe family home, and the report or reports submitted pursuant to § 13309, and proceed pursuant to subsection (c) of § 13316 prior to rendering a determination; and

(2) Enter such orders regarding visitation and the provision of services to the child and the child’s family and the child’s and family’s acceptance and cooperation with such services as the court deems to be appropriate and consistent with the best interests of the child.

(d) Orders orally stated by the court on the record in a proceeding under this Chapter shall have full force and effect upon the date of the hearing until further order of the court; provided that all oral orders shall be reduced to writing as soon as convenient.