Guam § 13302 - Protective Custody by Police Officer, Child Protective Services Social Worker or Physician

§ 13302. Protective Custody by Police Officer, Child Protective Services Social Worker or Physician

Without Court Order.

(a) A police officer, Child Protective Services social worker or physician shall assume protective

custody of a child without a court order and without the consent of the child’s family regardless of whether

the child’s family is absent if, in the discretion of such police officer, Child Protective Services social

worker or physician, the child is in such circumstances or condition that the child’s continuing in the custody

or care of the person responsible for the child’s welfare presents a situation of harm or threatened harm to

the child.

(b) A police officer or physician who assumes protective custody of a child who is harmed or

threatened with harm shall immediately transfer protective custody to Child Protective Services by

presenting physical custody of the child to Child Protective Services, unless the child is or presently will

be admitted to a hospital or similar institution, in which case the police officer or physician shall

immediately transfer protective custody to Child Protective Services by so informing Child Protective

Services and receiving an acknowledgment from the hospital or similar institution that it has been informed

that the child is under the protective custody of Child Protective Services.

COL 2025-12-23

(c) When Child Protective Services receives physical custody of a child pursuant to subsection (b) of

this section, Child Protective Services shall assume protective custody of a child without an order of the

court and without the consent of the child’s family regardless of whether the child’s family is absent if, in

the discretion of Child Protective Services, the child is in such circumstance or condition that the child’s

continuing in the custody or care of the child’s family presents a situation of harm or threatened harm to

the child.

(d) Upon assuming protective custody of a child under this Chapter, any authorized individual taking

a child into protective custody shall immediately and within 24 hours, orally and in writing, notify the

person responsible for the child’s welfare, the reasons for the need to take the child into protective custody

and shall immediately notify Child Protective Services.

(e) Upon assuming protective custody of a child under this Chapter, Child Protective Services shall

place the child in a home approved by Child Protective Services unless the child is admitted to a hospital

or similar institution, and obtain a verbal ex parte order from the court for temporary custody while Child

Protective Services or the Guam Police Department conducts an appropriate investigation.

(f) Children appearing to suffer any physical or mental trauma which may constitute harm or

threatened harm shall be admitted to and treated in appropriate facilities of private and public hospitals,

with or without the consent of the child’s family, on the basis of medical need and shall not be refused or

deprived in any way of proper medical treatment and care.

(g) If a child has been taken into protective custody, within one day of Child Protective Services’

assumption of protective custody, excluding Saturday, Sunday and holidays, Child Protective Services shall

file a declaration with the court in support of an ex parte order and obtain a written order to extend protective

custody beyond the one working day.

(h) In no case shall protective custody be maintained longer than three working days without a

preliminary hearing. If at the hearing it is determined that protective custody shall be continued, Child

Protective Services shall, within 48 hours of the time of the hearing, file a petition with the Superior Court

of Guam pursuant to § 13305.

(i) A conference between the person responsible for the welfare of a child taken into protective custody

pursuant to this section and the social worker designated by Child Protective Services to be responsible for

such child shall be held within two working days if possible from the time that the child is taken into such

custody for the purposes of explaining to such person the reasons for the protective custody of the child and

the whereabouts of the child is appropriate, and to expedite, wherever possible, the return of the child to

the custody of such person when protective custody is no longer necessary.