Guam § 4303 - Petition, Grounds.

§ 4303. Petition, Grounds.

(a) A petition may be filed by a parent either directly or

through the Division. The parent-child relationship may be

terminated with respect to the parent by whom or on whose behalf

such petition has been filed, where the court finds that such

termination is in the best interest of the parent and the child.

(b) A petition for termination of the parent-child relationship

with respect to a parent who is not the petitioner may be filed by

a petitioner designated in Subsection (c). The petition may be

granted where the court finds that one or more of the following

conditions exists:

(1) that the parent has abandoned the child in that the

parent has made no effort to maintain a parental relationship

with such child;

(2) that the parent has substantially and continuously or

repeatedly neglected the child;

(3) that the presumptive parent is not a natural parent of

the child;

(4) that the parent is unable to discharge parental

responsibilities because of mental illness or mental

deficiency, and there are reasonable grounds to believe that

such condition will continue for a prolonged indeterminate

period.

(5) that the parent is found by clear and convincing

evidence to have committed an act of criminal sexual conduct

as defined in 9 GCA § 25.15, 9 GCA § 25.20, 9 GCA § 25.25,

or 9 GCA § 25.30, or other equivalent offense under the laws

of another state, territory, or possession, against the

petitioner, which resulted in the conception of the child. A

criminal conviction of criminal sexual conduct is not required

to terminate parental rights under this Paragraph.

(6) that the parent has been convicted of one (1) or

more of the following offenses:

(A) murder, pursuant to 9 GCA Chapter 16, of

another child of the parent, a sibling or step-sibling of

the child, the child’s other parent, or other persons

related by consanguinity or affinity, including a minor

child who resided with the defendant;

(B) manslaughter, pursuant to 9 GCA Chapter 16,

of another child of the parent, a sibling or step-sibling of

the child, the child’s other parent, or other persons

related by consanguinity or affinity, including a minor

child who resided with the defendant;

(C) an attempt, solicitation, or conspiracy to

commit any of the offenses specified in Subsections (A)

and (B);

(D) a felony assault, pursuant to 9 GCA Chapter

19, which resulted in injury to the child, a sibling or

step-sibling of the child, the child’s other parent, or

other persons related by consanguinity or affinity,

including a minor child who resided with the defendant;

(E) a criminal charge relating to the physical or

sexual abuse or neglect of any child and that physical or

sexual abuse, neglect, or emotional injury to the child

named in the present termination action is likely to occur

if the parental rights are not terminated;

(7) that the child has been in foster care under the

responsibility of Child Protective Services for fifteen (15) of

the most recent twenty-two (22) months.

(A) It is a rebuttable presumption that termination

of parental rights is in the best interest of the child if the

child was conceived as a result of criminal sexual

conduct; except, that if both parents are at least fourteen

(14) years of age but no greater than seventeen (17)

years of age, the presumption shall not apply and the

court must determine if termination of the parental

rights of the biological parent is in the best interest of

the child.

(B) The court may order the parent to pay child

support; termination of parental rights under this Section

shall not be a defense to such support order.

(C) The court may order that the child’s

inheritance rights be preserved; termination of parental

rights under this Section shall not be a defense to such

order.

(c) The petition under Subsection (b) may be filed by the

following:

(1) either parent when termination of the parent-child

relationship is sought with respect to the other parent;

(2) the guardian of the person or the legal custodian of

the child or the person standing in loco parentis to the child;

(3) the Division;

(4) any other person having a legitimate interest in the

matter.

(d) Under any of the conditions specified in Subsections

(b)(1), (6), and (7) of this Section, Child Protective Services shall

file a petition to terminate the parental rights of the child’s parent

(or, if such a petition has been filed by another party, seek to be

joined as a party to the petition), and concurrently identify, recruit,

process, and approve a qualified family for an adoption. Child

Protective Services may elect not to terminate the parental rights

of the child’s parent if:

(1) the child is being cared for by a relative approved

by Child Protective Services;

(2) Child Protective Services has documented a

compelling reason, available for court review, for

determining that filing a petition to terminate parental rights

would not be in the best interests of the child. Compelling

reasons for not filing a petition to terminate parental rights

include, but are not limited to, the following:

(A) there are insufficient grounds for filing a

petition;

(B) the parent of the child is actively engaged in

services to address the reasons the child entered care

(including treatment for substance abuse disorder,

mental health concerns, or parenting skills);

(C) there is adequate documentation that

termination of parental rights is not the appropriate plan

and not in the best interests of the child; or

(3) the family of the child has not been provided,

consistent with the time period in the Service Plan under §

13304 of Article 3, Chapter 13, Title 19 GCA, services or

treatment that Child Protective Services deemed necessary

for the safe return of the child to the child’s home, when

reasonable efforts to reunify the family are required.