Guam § 13505 - Custody.
Full text of Guam Guam Code Annotated § 13505 — Custody., with citation guidance and answers to common questions.
§ 13505. Custody.
(a) Notwithstanding any other provision of law, an authorized Safe Haven shall assume emergency
protective custody of a relinquished newborn infant immediately upon surrender by the mother to
authorized Safe Haven personnel affiliated with the authorized Safe Haven, and shall maintain protective
custody until custody is assumed by Child Protective Services. The authorized Safe Haven shall transfer
physical custody of the relinquished newborn infant to the nearest hospital with an emergency department,
pursuant to § 13507(a)(3) of this Article. The hospital shall maintain physical custody of the relinquished
newborn infant for forty-eight (48) hours.
(b) Child Protective Services shall assume temporary protective custody of the relinquished newborn
infant immediately upon receipt of notice under § 13507(a)(8) of this Article and shall take any action
authorized under Guam law to achieve safety and permanency for the newborn infant subject to the
limitations of this Article.
(c) Notwithstanding any other provision of law, no court of Guam shall enter an order pertaining to
custody of the relinquished newborn infant, and Child Protective Services shall not relinquish temporary
protective custody until:
(1) forty-eight (48) hours have elapsed from the time of relinquishment by the mother; and
(2) Child Protective Services has reported within forty-eight (48) hours all identifying
information known to the agency concerning the infant, except personally identifying information
pertaining to the relinquishing mother, to the Guam Police Department for a determination that the
infant, based on all available information, has not been reported as a missing person.
(d) Notwithstanding any other provision of law, Child Protective Services shall contact an adoption
agency duly licensed under Guam law to take physical custody of the infant; provided, that forty-eight (48)
hours have elapsed from the time of relinquishment by the mother, the mother has made no request for
reunification to Child Protective Services under § 13506 of this Article, and the infant has not been reported
as a missing person. If there are multiple adoption agencies, Child Protective Services shall contact the next
adoption agency on a rotating list maintained by Child Protective Services until an agency agrees to take
physical custody of the infant. If no agency is identified to take custody, Child Protective Services shall
take custody of the infant.
(e) Notwithstanding any other provision of law, the hospital shall transfer physical custody of the
infant to the adoption agency identified by Child Protective Services under Subsection (d) of this Section.
If no agency is identified to take custody, Child Protective Services shall take custody of the infant.
(f) Rebuttable Presumption. Relinquishment of a newborn infant creates a rebuttable presumption
effective forty-eight (48) hours after the time of relinquishment that the mother who relinquishes a newborn
infant in accordance with this Article intends to permanently relinquish custody of the newborn infant and
consents to termination of parental rights.
Frequently Asked Questions About Guam § 13505
What does Guam Code Annotated § 13505 cover?
Section 13505 ("Custody.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 13505?
A common citation format is "Guam Code Annotated § 13505" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 13505 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.