Guam § 4308 - Hearing.

§ 4308. Hearing.

(a) Cases under this Article shall be heard by the court

without a jury. The hearing may be conducted in an informal

manner and may be adjourned from time to time. Stenographic

notes or mechanical recording of the hearing shall be required as

in other civil cases in the court unless all parties waive the right to

such record and the court so orders. The general public shall be

excluded and only such persons admitted whose presence is

requested by any person entitled to notice under § 4305 or as the

judge shall find to have a direct interest in the case or in the work

of the court; provided that persons so admitted shall not disclose

any information secured at the hearing which would identify an

individual child or parent. In addition, the court may require the

presence of witnesses (including persons making any report, study

or examination which is before the court when such persons are

reasonably available) deemed necessary to the disposition of the

petition; except, that a parent who has executed a waiver pursuant

to § 4305(d), or whose identity is unknown under § 4305(e), shall

not be required to appear at the hearing.

(b) When termination of the parent-child relationship is

sought under § 4303(b) the parent or guardian ad litem shall be

notified as soon as practicable after the filing of a petition and

prior to the start of a hearing of his right to have counsel, and if

counsel is requested and the parent is financially unable to employ

counsel, counsel shall be provided.

(c) The court’s finding with respect to grounds for

termination shall be based upon a preponderance of evidence

under the rules applicable to the trial of civil causes, provided that

relevant and material information of any nature, including that

contained in reports, studies or examination, may be admitted and

relied upon to the extent of its probative value. When information

contained in a report, study or examination is admitted in

evidence, the person making such a report, study or examination

shall be subject to both direct and cross-examination when he is

reasonably available.

(d) Where the termination is sought under § 4303(b)(4) to

support a decree of termination, evidence of the alleged condition

shall be no less than that required to support involuntary

hospitalization pursuant to 10 GCA Chapter 82, Article 3.

(e) Where the termination is sought under § 4303(b)(5) to

support a decree of termination, the standard of proof shall be by

clear and convincing evidence.