Grounds for Involuntary Termination of Parental Rights - Guam

Grounds for Termination of Parental Rights
Citation: Ann. Code Tit. 19, § 4303 

A petition for termination of the parent-child relationship may be granted when the court finds that one or more of the following conditions exist:

• The parent has abandoned the child in that the parent has made no effort to maintain a parental relationship with the child.
• The parent has substantially and continuously or repeatedly neglected the child.
• The presumptive parent is not a natural parent of the child.
• The parent is unable to discharge parental responsibilities because of mental illness or mental deficiency, and there are reasonable grounds to believe that such condition will continue for a prolonged, indeterminate period.
• The parent is found by clear and convincing evidence to have committed an act of criminal sexual conduct, or other equivalent offense under the laws of another State, territory, or possession, against the petitioner, which resulted in the conception of the child.
• The parent has been convicted of one or more of the following offenses:
  • Murder or manslaughter of another child of the parent, a sibling or stepsibling of the child, the child's other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant
  • An attempt, solicitation, or conspiracy to commit murder or manslaughter
  • A felony assault that resulted in injury to the child, a sibling or stepsibling of the child, the child's other parent, or other persons related by consanguinity or affinity, including a minor child who resided with the defendant
  • A criminal charge relating to the physical or sexual abuse or neglect of any child, and that physical or sexual abuse, neglect, or emotional injury to the child named in the present termination action is likely to occur if the parental rights are not terminated
• The child has been in foster care under the responsibility of Child Protective Services for 15 of the most recent 22 months. 

It is a rebuttable presumption that termination of parental rights is in the best interests of the child if the child was conceived because of criminal sexual conduct. If both parents are at least age 14 but no older than age 17, the presumption shall not apply, and the court must determine if termination of the parental rights of the biological parent is in the best interests of the child.  

Timeframes for Termination Proceedings
Citation: Ann. Code Tit. 19, § 4303

A petition for termination of parental rights may be filed when the child has been in foster care under the responsibility of Child Protective Services (CPS) for 15 of the most recent 22 months.

Exceptions
Citation: Ann. Code Tit. 19, § 4303

CPS may elect not to petition for termination of the parental rights of the child's parent if the following apply: 

• The child is being cared for by a relative approved by CPS.
• CPS has documented a compelling reason, available for court review, for determining that filing a petition to terminate parental rights would not be in the best interests of the child. Compelling reasons for not filing a petition to terminate parental rights include, but are not limited to, the following:
  • There are insufficient grounds for filing a petition.
  • The child's parent is actively engaged in services to address the reasons the child entered care, including treatment for substance abuse disorder, mental health concerns, or parenting skills.       
  • There is adequate documentation that termination of parental rights is not the appropriate plan and not in the best interests of the child.
• The child's family has not been provided, consistent with the time period in the service plan, services or treatment that CPS deemed necessary for the safe return of the child to the child's home, when reasonable efforts to reunify the family are required.

When Parental Rights May Be Reinstated

This issue is not addressed in the statutes reviewed.