Guam § 13505 - Custody.

§ 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.