Guam § 13317 - Preliminary Hearing.

§ 13317. Preliminary Hearing.

(a) If the child has not been taken into protective custody, a preliminary hearing shall be held within

ten working days of the filing of the petition or, if a child has been taken into protective custody, a petition

shall be filed and a preliminary hearing held within three working days after the child has been taken into

protective custody. If a child has been taken into protective custody, the temporary foster custody hearing

and the preliminary hearing on the petition shall be jointly held.

(b) If the child has not been taken into protective custody, at the preliminary hearing the court shall

review the petition and if, in the discretion of the court, the child is in such circumstances 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, the court shall order that Child Protective Services immediately assume temporary foster

custody until further order of the court.

(c) The preliminary hearing shall be continued for a period not to exceed 15 working days, upon the

court’s own motion or upon the motion of a party, if the court determines that it would be in the best interests

of the child that further investigation be conducted and information concerning whether the child should

remain in temporary foster custody be provided to the court by each of the parties, prior to rendering a

determination as to whether the child should remain in temporary foster custody prior to a fact-finding

hearing.

(d) During a continuance period ordered pursuant to subsection (c), or at any other time during the

pendency of a child protective proceeding, the court may further order that:

(1) Any party undergo a physical, developmental, psychological or psychiatric evaluation and

that a written or oral report be submitted to the court and all parties prior to or upon the date of the

continued or next hearing;

(2) The child’s family members who are parties provide Child Protective Services or other

appropriate authorized agency with the names and addresses of other family and friends who may be

potential visitation supervisors or foster parents for the child and that they arrange for such persons to

appear in court upon the date of the continued or next hearing;

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(3) The child’s family members who are parties be permitted reasonable supervised or

unsupervised visitation with the child at the discretion of Child Protective Services or other appropriate

authorized agency and the child’s guardian ad litem;

(4) The court and the parties view a visual recording or listen to an oral recording of the child’s

statement at such time and in such manner as the court deems to be appropriate;

(5) The child and the child’s family members who are parties arrange and commence participation

in such counseling or therapy for themselves and the child as the court deems to be appropriate and

consistent with the best interests of the child;

(6) An appropriate order of protection be entered;

(7) A criminal history record check be conducted by Child Protective Services or other

appropriate authorized agency concerning a party who is an alleged perpetrator of harm or threatened

harm to the child, and that the results be submitted to the court and other parties in such manner as the

court deems to be appropriate prior to or upon the date of the continued or next hearing;

(8) Child Protective Services or other appropriate authorized agency prepare a written or oral

supplemental report pursuant to § 13309 and submit the report to the court, the guardian ad litem and

all parties prior to or upon the date of the continued or next hearing; or

(9) The child’s guardian ad litem visit the child’s family home and foster home, be present during

a supervised visitation and prepare a written or oral report to be submitted to the court and all parties

prior to or upon the date of the continued or next hearing.