GUAM

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WHO:        ANY person MAY report, who has reasonable cause to suspect that a child is abused or neglected.  [Code Ann. tit. 19, § 13202]

ANY person who, in the course of employment, occupation, or professional practice, comes into contact with children is mandatory (MUST report), including but not limited to: • Licensed physicians, medical examiners, dentists, osteopaths, optometrists, chiropractors, podiatrists, interns, nurses, hospital personnel, or Christian Science practitioners • Clergy or similar functionaries • School administrators, teachers, nurses, or counselors • Workers in social services, daycare centers, or any other child care or foster care • Mental health professionals, peace officers, or law enforcement officials • Commercial film and photographic print processors.  [Code Ann. Tit., 19 §§ 13201(b),(c)]

·       NOTE: The mandate is limited to observations made at work.

·       STANDARDS:  Child means under age 18.  [Code Ann. tit. 19, §§ 13101(d); 13201]

(1) For most mandatory reporters: in the course of employment, occupation, or professional practice, encounters children, and based on medical, professional, or other training and experience, reasonably suspects that a child is abused or neglected.

(2) For commercial film & photo print processors: know of or observe a film, photo, video, negative, or slide depicting a child’s sexual conduct (see definition below).

(3) For other reporters: reasonable cause to suspect a child is abused or neglected.

·       PRIVILEGE: privileged communications are not recognized; there are NO exemptions from reporting.  [Code Ann. tit.  19, § 13201(a)]

WHEN:      If mandated: IMMEDIATE report by phone, with a follow-up written report within 48 hours.  [Code Ann. tit. 19, § 13203(a)]  For commercial film / photo processors the phone timing is immediately or as soon as practically possible.  [Code Ann. tit. 19, § 13203(c)]

WHERE & HOW:  Initial reports must be phoned to Child Protective Services (CPS) or the Guam Police Department. A written report must follow. [Code Ann. tit. 19, §§ 13203(a); 13204; 13209]  CPS is in the Department of Public Health and Social Services (DPHSS).

·       Commercial film / photo processors must report to CPS, then attach a copy of the film, photo, video, negative or slide to the written report.  [Code Ann. tit. 19, § 13203(c)]

Emergency:                          Dial 911

Reports to CPS (24/7):         Phone: (671) 475-2653 or (671) 475-2672 (foster care)

Street Address:           194 Herman Cortez Ave., Terlaje Professional Bldg, 3^rd floor, Suite 309, Hagåtña, Guam, GUAM

Website:                      http://dphss.guam.gov/child-protective-services-section/ cf.

     https://pacificregionresources.org/organizations_detail/?organizations_id=364

Police Non-emergency:       Phone: (671) 472-8911 or (671) 472-8908 (Chief’s secretary)

Fax:     (671) 472-4036

Street Address:           #13-16A Mariner Ave., Tiyan, Guam 96913

Website:                      http://gpd.guam.gov

·       WRITTEN REPORTS: CPS distributes a reporting form to all mandated reporters (including for reports to police).  [Code Ann. tit. 19, §§ 13203(e); 13204]

·       SUSPICIOUS DEATH: A mandated reporter MUST inform the Chief Medical Examiner. Hours: 8 am-5 pm, closed weekends & Guam gov’t holidays; Phone: (671) 646-9363 / 647-2369; Email: cme.guam@gmail.com; Address: #325 Duenas Drive, Tamuning, Guam 96913; At: Guam Memorial Hosp, compound near Emergency Rm.  [Code Ann. tit. 19, § 13205; http://www.opaguam.org/sites/default/files/OCME_CCR11_0.pdf]

·       REPORT DETAILS:  It SHOULD contain: (a) the reporter’s name; (b) the child’s name, age and sex; (c) the child’s present location; and (d) the nature and extent of injury. CPS may also request: (e) what led the reporter to suspect abuse; (f) name(s) of person(s) suspected; (g) family composition; (h) reporter’s actions (e.g., photos and x-rays of injuries; removing or keeping the child; or notifying the medical examiner); and (i) other info that CPS may require by regulation.  [Ann. Code tit. 19 § 13203(c)]

·       REPORTER PROTECTION: (1) Voluntary reports MUST (and every report should) reveal the reporter’s name.  [Code Ann. tit. 19, §§ 13202; 13203(c)(1)]  (2) The reporter’s identity may be disclosed only within government on a need-to-know basis, or by the reporter’s waiver, or by court order.  [Code Ann. tit. 19, §§ 13203(d); 13210(a)]  (3) Any reporter in good faith is immune from civil and criminal liability; good faith is presumed for mandatory reporters.  [Code Ann. tit. 19, § 13206] 

WHY:        Failing to make a required report of child abuse, if the person knows or should know about the abuse, is a misdemeanor punishable by < 6 months confinement and/or < $1,000 fine. Subsequent conviction for it is a third-degree felony.  [Code Ann. tit. 19, § 13207]

WHAT:      Guam defines child abuse or neglect as acts or omissions by the person(s) responsible for the child’s welfare, including physical, sexual, emotional, and drug-type abuse, and neglect and abandonment; they include child porn.  [Code Ann. tit. 19, § 13101(b)]  

Initial Screening Criteria are not addressed by the statutes reviewed.

Reportable: (a) a parent, guardian, or foster parent; and (b) employees of a public or private residential home, or institution or authorized agency, responsible for the child's welfare, all for suspected physical, sexual, emotional, and drug-type abuse, and neglect and abandonment,  [Code Ann. tit. 19, §§ 13101(b),(aa)]  But, film & photo processors must report child porn regardless.  [Code Ann. tit. 19, § 13201(c)]  NOTE: Abuse by persons not responsible may be a crime that is reportable to police.

Child’s Sexual Conduct (for reports by commercial film & photo print processors) means: (a) intercourse (same or opposite-sex; human or bestial) (genital-, oral-, or anal-genital, or oral-anal); (b) any object in vagina or rectum; (c) masturbation for stimulation or the viewer; (d) sadomasochism to stimulate the viewer; or (e) exhibiting anyone’s genitals, pubic or rectal areas to stimulate the viewer.  [Code Ann. tit. 19, §§ 13201(c); 9, § 25A201(n),(o)]

HARM to a Child’s Physical (or Mental) Health or Welfare leaves evidence of injury including (but not limited to) cases with ANY of:  [Code Ann. tit. 19, §§ 13101(b),(t)(1)-(6)]

(A)     [Physical Abuse:] (a) Skin bruising or internal bleeding; (b) bleeding injury to skin; (c) burn(s); (d) poisoning; (e) bone fracture; (f) bleeding brain; (g) soft tissue swelling; (h) extreme pain; (i) death; or (j) non-accidental disfigurement or organ impairment by excessive corporal punishment, or if the account is inconsistent with the damage.

(B)     [Sexual Abuse:] Victimization by a sexual offense in the Criminal and Correctional Code. (Perpetrators appear to include but not be limited to child sex offenders);

(C)     [Emotional Abuse:] (a) Injured psychological capacity, such as failure to thrive, extreme mental distress, or gross emotional or verbal degradation, (b) evidenced by observable, substantial impairment in the child’s ability to function within a normal range of performance with due regard to his/her culture;

(D)     [Neglect:] Lack of regular, timely, adequate (a) food, (b) clothing, (c) shelter, (d) psychological care, (e) physical care, (f) health care, or (g) supervision;

(E)     [Recreational Drugs:] The child was provided with a controlled substance unless it was legally from a family as directed or prescribed by a medical practitioner; or

(F)      [Abandonment:] Someone responsible for his/her welfare abandoned the child, i.e., they deserted or willfully forsook him/her under circumstances in which a reasonable person would continue to provide care or custody.  [Code Ann. tit. 19, § 13101(a)]

Exemptions to Neglect include: (a) person(s) responsible for a child’s welfare is/are lack finances to provide and was/were offered no financial assistance, health care, or other reasonable means; (b) health care that is not permitted or authorized in Guam; and (c) opting out of medical care due to legitimately practiced religious beliefs of a person responsible for the child’s welfare.  [Code Ann. tit. 19, § 13101(t)(4)]

Sexual Abuse / Exploitation of a child: 

(A)     Sexual abuse includes, regardless of resistance: (a) assault with intent; (b) force or coercion to achieve sexual contact; or (c) knowing (or should) that the victim is mentally incapacitated, mentally defective, or physically helpless. The age of consent is 16, no exceptions.  [Code Ann. tit. 16, § 25; 9, § 25.15; 25.20; 25.25]

(1)     AGGRAVATING FACTORS include: (a) a victim under age 14; or the offender is: (b) a household member, (c) related by blood or affinity within the 4^th degree, (d) a coercive authority figure, (d) with a seeming weapon, (e) injuring the victim, (f) aided or abetted by another, or (g) engaged in it while in another felony.

(2)     CONTEXT: INCEST is marriage, cohabitation or sexual intercourse, knowing the partner to be one’s: (a) ancestor or descendant; (b) brother or sister of whole or half blood; or (c) uncle, aunt, nephew or niece of whole blood. These are without regard to legitimacy, and include adopted persons.  [Code Ann. tit. 9, § 31.15]

(B)     Child porn: see “Standards” above: (1) intercourse; (2) object penetration; (3) masturbation; (4) sadomasochism; or (5) exhibitionism.  [19 § 13201(c); 9 § 25A201(n),(o)]

(1)     MEDIA include: photo, film, video, picture, computer or computer-generated image or picture (electronic, mechanical, or other); and [fakes] of an identifiable minor.  Soliciting minors by indecent e-displays – and child porn production, possession, and dissemination – are barred.  [Code Ann. tit. 9, § 25A]

(C)    [Exploitation]: Anyone knowingly does or attempts to: (a) recruit, entice, solicit, isolate, harbor, transport, provide, or obtain (b) a minor for (c) commercial sex acts (voluntary or not) or sexually explicit performance (live or porn) and (d) receives anything of value. Involuntary acts are had by injury, threat, restraint, extortion, fraud, financial coercion, addiction, or etc. Accomplices are liable.  [Code Ann. tit. 9, § 26.02]