Guam § 20118 - Deinstitutionalization of Status Offenders.

§ 20118. Deinstitutionalization of Status Offenders.

There is hereby established within the Department a

Deinstitutionalization of Status Offender Program (the Program) which

shall ensure that children are not placed in secured correctional or detention

facilities for offenses that would not be considered criminal if committed by

an adult.

A Status Offender is a juvenile offender who has been charged with or

adjudicated for conduct which would not, under the laws of Guam and the

laws of the United States applicable to Guam, be a crime if committed by an

adult (28 CFR 31.304(h)).

(a) The Department, through the Program, shall provide

alternative placements for youths who either, (1) are status offenders,

or (2) have been identified as “at risk” or referred for services by any

government or private agency as abuse or neglect victims.

(b) Such alternative placements may be provided in a Department

facility separate and apart from the Youth Correctional Facilities or in

private organizations on a contractual basis, and shall include, but not

be limited to, any of the following: shelters; therapeutic foster homes;

COL 11292010

casework and counseling; psychological evaluation; family

reconstruction; outreach; information and referral; drug and alcohol

assessments; crisis intervention; individual and group therapy; and

support services and prevention programs at all levels. The services

must be provided in a comprehensive and holistic approach focusing

on the family and the troubled youth; provided, that such services shall

be administered by bona fide, certified professionals in social work or

related disciplines.

(c) In the Program, special attention shall be placed on the

development and implementation of services to those children who

have committed status offenses and who have been referred to the

Family Court, or who are in violation of § 21009 of Title 19, Guam

Code Annotated.

(d) The Department shall annually cause an independent review

of the Program to be conducted by persons not affiliated with the

Department, and shall, itself, annually review the Program to

determine the extent to which optimum services have been provided.

The Department shall within thirty (30) days after receipt of the

independent review, but in no event, later than March 1st of each year,

submit a copy to I Liheslatura.