(c) Such bond shall be a corporate surety bond, and the premium therefor shall be paid out of appropriations for the Judicial Branch of the government of Guam. [Added by P.L. 5-75, effective March 14, 1960.] [Note: Chapter V, consisting of §§ 202-203 above, was added as Chapter IV by P.L. 5-75; renumbered by Editor.]

§ 274.

§ 275.

§ 276.

§ 277.

§ 278.

Assistance to court by public and private bodies.

Juvenile crime prevention branch; establishment of.

Duties and powers; reports. (Repealed).

No limitations on Juvenile Court. (Repealed).

Rules and standards; investigation and questioning; fingerprinting

and photographing.

Construction of law.

$ 250. Creation. There is hereby created for the Territory of Guam a new division of the Island Court which shall be called the Juvenile Court. Said court shall be a court of record, having a seal, and the judge, clerk, and referees thereof shall have power to administer oaths and affirmations. [Enacted 1953.]

$ 251. Definitions. When used in this Title, unless the context otherwise requires:

(a) "Court" means Juvenile Court.

(b) "Judge" means judge of the Juvenile Court.

(c) "Child" or "Minor" means a person less than eighteen (18) years of age. [Gumataotao v. Government of Guam (1963) 322 F.2d 580.]

(d) "Adult" means a person eighteen (18) years of age or older.

(e) The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of this Act. [Enacted 1953; amended by P.L. 2-60, effective February 10, 1954.]

§ 252. Jurisdiction. Except as otherwise provided herein, and subject to the prior jurisdiction of a United States Court, the court shall have exclusive jurisdiction in proceedings.

(a) Concerning any child living or found within the Territory of Guam:

(1) Who is neglected as to proper or necessary support or education as required by law, or as to medical, psychiatric, psychological or other care necessary for his well-being; or who is abandoned by his parent or other custodian;

(2) Whose occupation, behavior, condition, environment or association are such as to injure or endanger his welfare or that of others;

(3) Who is beyond control of his parent or other custodian; (4) Who is alleged to have violated or attempted to violate any Federal, state or territorial law regardless of where the violation occurred. Provided, that the Juvenile Court shall not have jurisdiction with respect to any child sixteen (16) years of age or older who is alleged to have committed any offense under the Vehi

cle Code (Title XXIV of the Government Code of Guam) if such offense is within the jurisdiction of the Police Court. [Subsection (a) (4) amended by P.L. 9-225, effective August 7, 1968.]

(b) To determine the custody of guardianship of the person of any child living within the Territory of Guam; for the adoption of a minor; and to terminate parental rights in connection with such proceedings.

(c) For judicial consent to the marriage of a child, when such consent is required by law.

(d) For the treatment or commitment of a mentally defective or mentally disordered or emotionally disturbed child. Nothing contained in this Title shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or determine the custody or guardianship of children when such custody or guardianship is incidental to the determination of causes pending in such other courts. Such other courts, however, may certify said questions to the Juvenile Court for hearing and determination or recommendation. [Enacted 1953; amended as noted.]

§ 253. Transfer of cases when defendant is a minor. If during the pendency of a criminal or quasi-criminal charge against any person in any other court, it shall be ascertained that the person is a minor, it shall be the duty of such court forthwith to transfer the case, together with all papers, documents and testimony connected therewith, to the Juvenile Court. The court making such transfer shall order the minor to be taken forthwith to the place of detention designated by the Juvenile Court or to that court itself, or shall release such minor to the custody of some suitable person to be brought before the court at a time designated. The court shall then proceed as provided in this Title. [Enacted 1953.]

§ 254. Jurisdiction: continuing. When jurisdiction shall have been obtained by the court in the case of any child, such jurisdiction shall be retained by the court for the purpose of this Title until such child becomes eighteen (18) years of age, unless he is discharged prior thereto by the court, or unless he is committed to and received by a public institution or agency maintained by the government of Guam; provided, that the court may retain jurisdiction over a child placed by the court with such public institution or agency for temporary observation and care. Any decree or order of the court may be modified at

any time, except as otherwise provided by law. [Enacted 1953; amended by P.L. 2-60, effective February 10, 1954.]

§ 255. Certification to courts for criminal proceedings. If a child sixteen (16) years of age or older is charged with a public offense, and if the court after full investigation deems it contrary to the best interest of such child or of the public to retain jurisdiction, the court may in its discretion certify such child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult, but no child under sixteen (16) years of age shall be so certified; provided, that such certifying judge shall not in turn preside over the criminal proceedings against such child. [Enacted 1953; amended by P.L. 2-60, effective February 10, 1954.]

§ 256. Petition to court to act, contents. Whenever any person informs the court that a child is within the purview of this Title, the court shall make a preliminary inquiry to determine whether the interests of the public or of the child require that further action be taken. Thereupon the court may make such informal adjustment as is practicable without a petition, or may authorize a petition to be filed by any person. The petition and all subsequent court documents shall be entitled "In the interest of.......

.., a minor".

.......

The petition shall be verified and may be upon information and belief. It shall set forth plainly: (1) the facts which bring the child within the purview of this Title, (2) the name, age and residence of the child; (3) the names and residences of his parents; (4) the name and residence of his legal guardian if there be one, of the person or persons having custody or control of the child, or of the nearest known relative if no parent or guardian can be found. If any of the facts herein required are not known by the petitioner, the petition shall so state. [Enacted 1953.]

§ 257. Summons issued to bring child into court. After a petition shall have been filed and after such further investigation as the court may direct, unless the parties hereinafter named shall appear voluntarily, the court shall issue a summons reciting briefly the substance of the petition and requiring the person or persons who have custody or control of the child to appear personally and bring the child before the court at a time and place stated. If the person so summoned shall be other than a parent or guardian of the child, then the parent or guar

dian or both shall also be notified of the pending of the case and of the time and place appointed, by personal service before the hearing, except as hereinafter provided. Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the judge, is necessary.

If it appears that the child is in such conditions or surroundings that his welfare requires that his custody be immediately assumed by the court, the judge may order by endorsement upon the summons, that the officer serving the same shall at once take the child into custody. [Enacted 1953.]

§ 258. Same: service. Service of summons shall be made personally by the delivery of an attested copy thereof to the person summoned; provided, that if the judge is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the return thereof.

Service by summons, process or notice required by this Title may be made by any suitable person under the direction of the court and upon request of the court, shall be made by any police officer. The judge may authorize the payment of necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this Title, and such expenses when approved by the judge shall be a charge upon the government of Guam. [Enacted 1953.]

§ 259. Same: warrant issued if not obeyed. If any person summoned as herein provided shall, without reasonable cause, fail to appear, he may be proceeded against for contempt of court. In case the summons cannot be served, or the parties served fail to obey the same, or in case when it shall be made to appear to the judge that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into custody of the court, a warrant or capias may be issued for the parent, guardian or the child. [Enacted 1953.]

§ 260. Custody: not arrest: provisions governing. (a) When any child found violating any law or any rule or regulation with the force and effect of law, or whose surroundings are such as to endanger his welfare, is taken into custody,