Placement of Children With Relatives - Guam

Date: September 2022

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code Tit.19, §§ 13101; 13317; 13324

The term 'family' means each legal parent, the grandparents, each parent's spouse, each sibling, or person related by consanguinity up to the second degree or by marriage; each person residing in the same dwelling unit; and any other person or legal entity that is a child's legal or physical custodian or guardian or who is otherwise responsible for the child's care.

At any time during the pendency of a child protective proceeding, the court may order that the child's family members who are parties provide Child Protective Services or another appropriate authorized agency with the names and addresses of other family and friends who may be potential supervisors of parent-child visits or foster parents for the child and that they arrange for such persons to appear in court upon the date of the next hearing.

At the permanency plan hearing, the court shall determine whether parental rights should be terminated and the child placed for adoption. The court shall presume that it is in the best interests of the child to be adopted, unless the child is in the permanent custody of family or persons who have become as family and who for good cause are unwilling or unable to adopt the child but are committed to and are capable of being the child's permanent custodians.

Requirements for Placement with Relatives

This issue is not addressed in the statutes reviewed.

Requirements for Placement of Siblings

Citation: Ann. Code Tit. 19, § 13316(c)(2)

If siblings or psychologically bonded children are removed from their family home, the court shall order that every reasonable effort be made to place them together, unless it is not in the best interests of the children.

Relatives Who May Adopt

Citation: Ann. Code Tit. 19, §§ 4206; 4202

A child may be adopted by a person who is related to the child within the second degree, either by blood or affinity, including stepparents, siblings, grandparents, or a parent's siblings.

Requirements for Adoption by Relatives

Citation: Ann. Code Tit. 19, § 4206

Written consent is required by each parent of the child or, if there is no parent, by the guardian of the child. A child over age 12 must consent to the adoption.