) When any child found violating any law or any rule or regulation with the force and effect of law, or whose surroundings are such as to endanger his welfare, is taken into custody, such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. When a child is so taken into custody, such officer shall cause the parent, guardian or custodian of the child to be notified as soon as possible. Whenever possible, unless otherwise ordered by the court, such child shall be released to the custody of his parent or other responsible adult upon the written promise, signed by such person, to bring the child to the court at a stated time or at such time as the court may direct. Such written promise, accompanied by a written report by the officer, shall be submitted to the court as soon as possible. If such person shall fail to produce the child as agreed or upon notice from the court, a summons or warrant may be issued for the apprehension of such person or of the child.
(b) If the child is not released hereinabove provided, such child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and as soon as possible thereafter the fact of such detention shall be reported tothe court, accompanied by a written report by the officer taking the child into custody stating:
(1) The facts of the offense; and
(2) The reason why the child is not released to the parent.
Pending further disposition of the case, the court may release such child to the custody of the parent or other person or may detain the child in such place as the court shall designate; subject to further order, but no child shall be held in a detention longer than two (2) days, excluding Sundays and holidays, unless an order for such detention is signed by the judge.
(c) No child shall be transported in any police vehicle which also contains adults under arrest, unless the child is alleged to have been involved with the adult also being transported in the same illegal activity or course of conduct; provided, also, that a child may be transported in the same police vehicle if, under the circumstances, other transportation is not available. No child shall at any time be detained in any police station, lockup, jail or prison; except, that by order of the judge in which reason therefor shall be specified, a child sixteen (16) years of age, but under eighteen (18) years of age whose conduct or condition is such as to endanger his safety or welfare or that of others in the detention facility for children, may be placed in a jail or other place of detention for adults, but in a room or ward entirely separate from adults confined thereon; provided that this section shall not prohibit the interrogation of a child with respect to any felonious activity.
(d) provisions regarding bail shall not be applicable to children detained in accordance with the provisions of this Chapter.

SOURCE: CCP § 260 less former Subsection (e), modified and enacted by P.L. 17-012:2 as 19 Guam Code Ann. § 5111.

COMMENT: Subsection (e) of the former § 260 CCP has been deleted and replaced with § 5128 (former § 277 CCP enacted and renumbered as
19 Guam Code Ann. § 5128 by P.L. 17-12:2) as it appears that former § 277 was
enacted after § 260 and § 277 clearly modifies the strict requirements of § 260(e). Section 277 envisages the possibility that juveniles can be photographed and fingerprinted, but only under standards set out in court rules. This would not require that a separate order be obtained every time
a particular juvenile is to be photographed or fingerprinted. Furthermore,former CCP § 280 enacted by the original enactment and renumbered by P.L. 9-054, repeals laws and parts of laws inconsistent with the later enactment. It would appear that former § 277 is one law that is inconsistent with and therefore repealed former § 260(e).

This Section has been modified to permit the officer who takes the child into custody to Acause@ the parents to be notified, thus eliminating any inference that the particular officer must also notify the parents. This may not be practical, and it does not matter, legally, who does the notifying, so long as it is done at the direction of the officer who took the child into custody.

Again, a modification is made permitting children to be transported with adults if they are engaged in the same crime (no harm can come from this mingling since the adult and child were jointly involved in the first place. Secondly, joint transportation may be made where it is impractical, for lack of additional transportation or danger in not transporting quickly, to provide separate vehicles.