Guam § 13301 - Circumstances Negating Requirement for Reasonable Efforts.

§ 13301. Circumstances Negating Requirement for Reasonable Efforts.

(a) Reasonable efforts to reunify a parent or guardian with the child shall not be required or shall cease

if one (1) or more of the following circumstances exist:

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(1) the parent or guardian, upon a finding of clear and convincing evidence, has subjected the

child to aggravated circumstances, such as abandonment, torture, sexual abuse, chronic or severe

abuse, or chronic or severe neglect. For the purposes of this Chapter, aggravated circumstances shall

include the failure to protect such a child from such conduct, when failure to protect evinces a wanton

or depraved indifference to human life or has resulted in the death of such a child or in serious bodily

injury to such a child;

(2) the parent or guardian has been convicted of murder or voluntary manslaughter of another

child of the parent; aiding, abetting, attempting, conspiring, or soliciting to commit such crimes; or a

felony assault that resulted in serious bodily injury to the child or to another child of the parent;

(3) the parental rights of the parent with respect to a sibling of the child have been involuntarily

terminated, unless the court determines that providing reasonable efforts would be in the best interests

of the child, would not be contrary to the health and safety of the child, and would likely result in the

reunification of the parent and the child in the foreseeable future; or

(4) the child has subsequently been found to be abused or neglected within one (1) year after

returning home following placement in foster care.

(b) Once a child is in the custody of Child Protective Services, Child Protective Services may petition

the court for a judicial determination that efforts to reunify the parent and child are not required under the

circumstances specified in Subsection (a) of this Section.

(c) If the court finds by clear and convincing evidence that any of the circumstances specified in

Subsection (a) of this Section exists, the court shall waive the requirement that reasonable efforts be made

to reunify the child with the child’s parent or guardian.

(1) A court determination addressing reasonable efforts to prevent removal must be made within

sixty (60) days of removal of the child from his or her home.

(2) If the court finds that reasonable efforts are not required, it shall document that determination

by written findings of fact.

(d) A Permanency Plan Hearing, as provided in § 13324 of this Article, shall be held for the child

within thirty (30) days after the determination.