19 Guam Code Ann. § 13324
Terms Used In 19 Guam Code Ann. § 13324
- Continuance: Putting off of a hearing ot trial until a later time.
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1) within thirty (30) days after the court finds that reasonable efforts are not required pursuant to § 13301.2 of this Article; or
(2) in all other cases, within twelve (12) months after
the child is removed from the child’s home.
(b) At the Permanency Plan Hearing, the court shall consider fully 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, including, but not limited to, the report or reports submitted pursuant to § 13309 of
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this Article, or any of the circumstances under § 13301.2 of this Article, and determine whether there exists clear and convincing evidence that:
(1) the child’s family is not presently willing and able to provide the child with a safe family home, even with the supervision of Child Protective Services;
(2) it is not reasonably foreseeable that the child’s family will become willing and able to provide the child with a safe family home, even with the supervision of Child Protective Services, within a reasonable period of time, which shall not exceed fifteen (15) of the most recent twenty- two (22) months from the date upon which the child was first placed under foster custody by the court;
(3) the proposed permanency plan is in the best interests of the child; provided, that the court shall presume that:
(A) it is in the best interests of a child to be promptly and permanently placed with responsible and competent substitute caretakers and family in a safe and secure home; and
(B) such presumption increases in importance proportionate to the youth of the child upon foster custody by the court; and
(4) if the child has reached the age of fourteen (14), the child is supportive of the permanency plan.
(c) If the court determines that the criteria set forth in Subsection (b) of this Section are established by clear and convincing evidence, the court shall order:
(1) that the existing order of disposition be terminated and that the prior award of foster custody be revoked;
(2) that permanent custody be awarded to an appropriate authorized agency;
(3) that an appropriate permanency plan be implemented concerning the child whereby the child will:
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(A) be adopted pursuant to §§ 4201 et seq. of Title
19 Guam Code Ann.; provided, that the court shall presume that it is in the best interests of the child to be adopted, unless the child is in the permanent custody of family or persons who have become as family and who for good cause are unwilling or unable to adopt the child but are committed to and are capable of being the child’s permanent custodians; or
(B) remain in permanent custody until the child is subsequently adopted or reaches the age of eighteen (18), and that such status shall not be subject to modification or revocation except upon a showing of extraordinary circumstances to the court.
(d) If the court determines that the criteria set forth in Subsection (b) of this Section are not established by clear and convincing evidence, the court shall order that:
(1) the permanency plan hearing be continued for a reasonable period of time not to exceed six (6) months from the date of the continuance;
(2) the authorized agency submits a written report pursuant to § 13309 of this Article; and
(3) such further orders as the court deems to be in the best interests of the child be entered.
(e) At the continued Permanency Plan Hearing, the court shall proceed pursuant to Subsections (b), (c) and (d) of this Section, until such date as the court determines that:
(1) there is sufficient evidence to proceed pursuant to
Subsection (c) of this Section; or
(2) the child’s family is willing and able to provide the child with a safe family home, even with the supervision of Child Protective Services, upon which determination the court may:
(A) revoke the prior award of foster custody to the authorized agency and return the child to the family home; and
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(B) terminate jurisdiction; or
(C) award supervision to an authorized agency; (D) order such revisions to the order of disposition
as the court, upon such hearing as the court deems to be appropriate, determines to be in the best interests of the child;
(E) set the case for a progress hearing; and
(F) enter such further orders as the court deems to be in the best interests of the child.
SOURCE: Added by P.L. 20-209:5 (Aug. 22, 1990), recodified and renumbered by the Compiler. Amended by P.L. 36-135:4 (Dec. 28, 2022), effective 90 days after enactment pursuant to P.L. 36-135:7.
NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, the reference to the Government Code section in subsection (b)(3)(A) was altered to reflect the codification of this section in the GCA.