Guam § 13209 - Duties of Child Protective Services Concerning Reports of Abuse.

§ 13209. Duties of Child Protective Services Concerning Reports of Abuse.

Child Protective Services shall:

(a) Receive 7 days a week, 24 hours a day, all reports, both oral and written, of suspected child

abuse or neglect in accordance with this Article and the regulations of the Department;

(b) Upon receipt of each report of suspected child abuse or neglect, commence within a

reasonable time, but not later than 72 hours, an appropriate investigation. The investigation shall

include a determination of the risk of such child or children if they continue to remain in the existing

home environment, as well as a determination of the nature, extent and cause of any condition

enumerated in such report and, after seeing to the safety of the child or children, forthwith notify the

subjects of the report orally and in writing of the existence of the report. The investigation shall be

completed within 60 days;

(c) The investigation shall determine whether the child is being harmed by factors beyond the

control of the parent or other person responsible for the child’s welfare, and if so determined, Child

Protective Services shall promptly take all available steps to remedy and correct such conditions,

including but not limited to the coordination of social services for the child and the family;

(d) Determine within 60 days whether the report is “indicated,” “substantiated” or

“unsubstantiated”;

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(e) Pursuant to the provisions of § 13302 of the Child Protective Act take a child into protective

custody to protect him or her from further abuse;

(f) Based on the investigation and evaluation conducted pursuant to this Article, provide or

contract with private or public agencies for the protection of the child in his or her home whenever

possible or those services necessary for adequate care of the child when placed in protective custody

or temporary foster custody. Prior to offering such services to a family, explain that it has no legal

authority to compel such family to receive said services but may inform the family of the obligations

and authority of Child Protective Services to initiate appropriate court proceedings;

(g) In those cases in which an appropriate offer of service is refused and Child Protective Services

determines that the best interests of the child require court action, initiate the appropriate court

proceeding and request the court to appoint a guardian ad litem for the child;

(h) Assist the court during all stages of the court proceedings in accordance with the purposes of

this Article;

(i) Provide or arrange for and monitor rehabilitative services for children and their families on a

voluntary basis or under a final or intermediate order of the court; and

(j) Child Protective Services shall be as equally vigilant of the status, well-being and conditions

under which a child is living and being maintained in a facility other than that of his or her parent,

custodian or guardian from which he or she has been removed as it is of the conditions in the dwelling

of the parent, custodian or guardian. Where Child Protective Services finds that the placement for any

temporary or permanent custody, care or treatment is for any reason inappropriate or harmful in any

way to the child’s physical or mental well-being, it shall take immediate steps to remedy these

conditions including petitioning the court.

2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers were altered to adhere to the Compiler’s

alpha-numeric scheme.