19 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 1 CHAPTER 15 PREVENTION AND TREATMENT SOURCE: This Chapter was added by P.L. 24-239:34 (Aug. 14, 1998. Pursuant to the authority granted by 1 GCA § 1606, numbers a nd/or letters were altered to adhere to the Compiler’s alpha-numeric scheme. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all referenc es to DMHSA were altered to the Guam Behavioral Health and Wellness Center. § 15101. Public Health Plan for Reducing Family Vio lence. § 15102. Standards for Healthcare Facilities, Pract itioners, and Personnel; Specialized Procedures and Curricula Con cerning Family Violence. § 15103. Notice of Rights of Victims and Remedies a nd Services Available; Required Information. § 15104. Hospitals Required to Provide Certain Info rmation to Parents. § 15105. Regulation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers. § 15106. Continuing Education for Peace Officers Co ncerning Family Violence; Content of Course. § 15107. ation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers. § 15106. Continuing Education for Peace Officers Co ncerning Family Violence; Content of Course. § 15107. Continuing Education of Judges and Court P ersonnel; Content of Course. § 15108. Community Education. § 15109. Continuing Education for Attorneys. § 15110. Required Curricula for Education System. § 15111. Continuing Education for Other Government of Guam Agencies. § 15101. Public Health Plan for Reducing Family Vio lence. (a) Under the leadership of the Family Violence Tas k Force; the Guam Police Department; the Office of the Attorney Gener al; the Department of Public Health and Social Services, including but no t limited to Adult Protective Services and Child Protective Services; the Guam Behavioral and Wellness Center; the Guam Memorial Hospital Authori ty; and the Superior Court of Guam, in the spirit of networking, coopera tion and coordination, shall: (1) assess the impact of family violence on public health; and COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 2 (2) write a public health plan for reducing the inc idence of family violence in Guam. ct of family violence on public health; and COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 2 (2) write a public health plan for reducing the inc idence of family violence in Guam. (b) The public health plan: (1) shall include, but is not limited to, public ed ucation, including use of the various communication media to set forth the public health perspective on family violence; (2) shall include a plan for the assessment of fami ly members of victims of family violence by a mental health profe ssional regarding the need for counseling services and a recommendation r egarding how such services shall be provided; (3) shall be developed in consultation with public and private agencies that provide programs for victims of famil y violence, advocates for victims, non-profit family violence c oalitions or organizations, and persons who have demonstrated ex pertise and experience in providing health care to victims of f amily violence and their children; and (4) shall be completed on or before April 30, 1999. (c) The Department of Public Health and Social Serv ices and the Guam Behavioral and Wellness Center shall: (1) transmit a copy of the public health plan to I e completed on or before April 30, 1999. (c) The Department of Public Health and Social Serv ices and the Guam Behavioral and Wellness Center shall: (1) transmit a copy of the public health plan to I Maga’lahen Guåhan and the members of I Liheslaturan Guåhan, and I Maga’lahen Guåhan through his executive order shall implement the pl an within ninety (90) days of submission; and (2) review and update the public health plan every two (2) years. SOURCE: Subsection (b)(4) amended by P.L. 25-003:IV:13. § 15102. Standards for Healthcare Facilities, Pract itioners, and Personnel; Specialized Procedures and Curricula Con cerning Family Violence. (a) Under the leadership of the Family Violence Tas k Force, the Guam Police Department, the Office of the Attorney General, the Department of Public Health and Social Services, th e Guam Behavioral and Wellness Center, the Guam Memorial Hospital Authori ty and the Superior Court of Guam, in the spirit of networking, coopera tion and coordination, shall promulgate standards for healthcare facilitie s, practitioners and COL37201419 GCA PERSONAL RELATIONS CH. the Superior Court of Guam, in the spirit of networking, coopera tion and coordination, shall promulgate standards for healthcare facilitie s, practitioners and COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 3 personnel in the facilities, including specialized procedures and curricula concerning family violence. (b) The procedures and curricula must be developed in consultation with public and private agencies that provide progr ams for victims of family violence, advocates for victims, non-profit family violence coalitions or organizations, and persons who have demonstrated ex pertise and experience in providing health care to victims of family viole nce and their children. § 15103. Notice of Rights of Victims and Remedies a nd Services Available; Required Information. (a) The Department of Public Health and Social Serv ices shall make available to practitioners and health care faciliti es a written notice of the rights of victims and remedies and services availab le to victims of family violence in accordance with this Chapter and § 30.3 2 of Title 9 of the Guam Code Annotated. iti es a written notice of the rights of victims and remedies and services availab le to victims of family violence in accordance with this Chapter and § 30.3 2 of Title 9 of the Guam Code Annotated. (b) A practitioner who becomes aware that a patient is a victim of family violence shall provide to the patient and ev ery health care facility shall make available to all patients the notice pro vided pursuant to this Chapter and as prescribed in Subsection (d) of § 30 .32 of Title 9 of the Guam Code Annotated. § 15104. Hospitals Required to Provide Certain Info rmation to Parents. The Department of Public Health and Social Services shall provide information to practitioners and health care facili ties, including, but not limited to, the effect of family violence on childr en and available services for the prevention and treatment of family violence. H ospitals shall provide information concerning family violence to parents o f newborn infants and to parents of hospitalized minors. § 15105. Regulation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers. rning family violence to parents o f newborn infants and to parents of hospitalized minors. § 15105. Regulation of Programs of Intervention for Perpetrators; Required Provisions; Duties of Providers. (a) Under the leadership of the Family Violence Tas k Force, the Guam Police Department, the Office of the Attorney General, the Department of Public Health and Social Services, th e Guam Behavioral and Wellness Center, the Guam Memorial Hospital Authori ty and the Superior Court of Guam shall promulgate rules and regulation s for programs of intervention for perpetrators of family violence. The rules and regulations must be promulgated after consultation with public and private agencies that COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 4 provide programs for victims of family violence and programs of intervention for perpetrators, with advocates for v ictims, and with persons who have demonstrated expertise and experience in p roviding services to victims and perpetrators of family violence and the ir children. If the government of Guam licenses or provides money to a program of intervention for perpetrators, the government of Gu am shall review compliance with rators of family violence and the ir children. If the government of Guam licenses or provides money to a program of intervention for perpetrators, the government of Gu am shall review compliance with the rules and regulations promulgat ed pursuant to this Subsection. (b) The rules and regulations must include: (1) standards of treatment for programs of interven tion; (2) criteria concerning a perpetrator =s appropriateness for the program; (3) systems for communication and evaluation among the referring court, the public and private agencies th at provide programs for victims of family violence, and the programs of intervention for perpetrators; and (4) required education and qualifications of provid ers of intervention. (c) The standards must include, but are not limited to, the following principles: (1) the focus of the program must be stopping the a cts of violence and ensuring the safety of the victim and any children or other family or household members; (2) recognition that violence is a behavior for whi ch the perpetrator must be held accountable; and (3) recognition that substance abuse is a problem s eparate from family violence which requires specialized treatmen t. violence is a behavior for whi ch the perpetrator must be held accountable; and (3) recognition that substance abuse is a problem s eparate from family violence which requires specialized treatmen t. (d) Providers of programs of intervention for perpe trators: (1) shall require a perpetrator who is ordered into the program by the Court to sign the following releases: (A) allowing the provider to inform the victim and victim =s advocates that the perpetrator is in treatment with the provider, COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 5 and to provide information for safety to the victim and victim =s advocates; (B) allowing prior and current treating agencies to provide information about the perpetrator to the provider; and (C) allowing the provider to provide information ab out the perpetrator to relevant legal entities, including c ourts, parole officers, probation officers, and child and adult p rotective services. (2) Shall report to the Court and the victim any as sault, failure to comply with the program, failure to attend the prog ram, and threat of harm by the perpetrator. d and adult p rotective services. (2) Shall report to the Court and the victim any as sault, failure to comply with the program, failure to attend the prog ram, and threat of harm by the perpetrator. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered in subsection (d)(1) to adhere to the Compiler’s alpha-numeric scheme. § 15106. Continuing Education for Peace Officers Co ncerning Family Violence; Content of Course. (a) The Guam Community College in administering the peace officers standards and training program and in coordination with the Guam Police Department and the Family Violence Task Force, must provide forty-five (45) hours of initial education to all prospective peace officers concerning family violence. (b) The Guam Police Department with the Family Viol ence Task Force shall administer twenty (20) hours in-service training as part of their Family Violence Continuation Training Program for a ssigned peace officers. (c) The course of instruction and the objectives in learning and performance for the education of peace officers req uired pursuant to Subsections (a) and (b) must be developed and prese nted in consultation with e of instruction and the objectives in learning and performance for the education of peace officers req uired pursuant to Subsections (a) and (b) must be developed and prese nted in consultation with public and private providers of programs for v ictims of family violence and programs of intervention for perpetrators, pers ons who have demonstrated expertise in training and education co ncerning family violence, and the non-profit family violence coalitions or or ganizations. (d) The course of instruction must include, but is not limited to: (1) the investigation and management of cases invol ving family violence and writing of reports in such cases; (2) the nature, extent and causes of family violenc e; COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 6 (3) practices designed to promote the safety of off icers investigating family violence; (4) practices designed to promote the safety of the victims of family violence and other family and household memb ers, including safety plans; (5) the legal rights and remedies available to vict ims of family violence, including, but not limited to, rights and compensation of victims of crime and enforcement of civil and uding safety plans; (5) the legal rights and remedies available to vict ims of family violence, including, but not limited to, rights and compensation of victims of crime and enforcement of civil and crimi nal remedies; (6) the services available to victims of family vio lence and their children; (7) sensitivity to cultural, racial, and gender iss ues and the effect of cultural, racial and gender bias on the response of peace officers and the enforcement of laws relating to family violence ; and (8) the provisions of this Chapter and other applic able statutes concerning family violence. § 15107. Continuing Education of Judges and Court P ersonnel; Content of Course. (a) The Superior Court of Guam shall develop and pr esent courses of continuing education concerning family violence for judicial officers and court personnel. (b) The courses must be prepared and presented in c onsultation with public and private agencies that provide programs f or victims of family violence and programs of intervention for perpetrat ors, advocates for victims, non-profit family violence coalitions and organizations and the Family Violence Task Force. rams f or victims of family violence and programs of intervention for perpetrat ors, advocates for victims, non-profit family violence coalitions and organizations and the Family Violence Task Force. (c) Each judicial officer and each court employee w ho comes into contact with either party in family violence cases must have a minimum of four (4) hours of education in family violence. (d) The courses must include, but are not limited t o, the following topics: (1) the nature, extent and causes of family violenc e; (2) practices designed to promote safety of the vic tim and other family and household members, including safety plan s; COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 7 (3) resources available for victims and perpetrator s of family violence; (4) sensitivity to cultural, racial and gender issu es; and (5) the lethality of family violence. § 15108. Community Education. (a) The University of Guam and/or the Guam Communit y College shall provide community education courses concernin g family violence. (b) The courses must be prepared and presented in c onsultation with public and private agencies that provide programs f or victims of family violence and ucation courses concernin g family violence. (b) The courses must be prepared and presented in c onsultation with public and private agencies that provide programs f or victims of family violence and programs of intervention for perpetrat ors, advocates for victims, non-profit family violence coalitions or o rganizations, and the Family Violence Task Force. (c) The courses must include, but are not limited t o, the following topics: (1) the nature, extent and causes of family violenc e; (2) practices designed to promote safety of the vic tim and other family and household members, including safety plan s; (3) resources available for victims and perpetrator s of family violence; (4) sensitivity to cultural, racial and gender issu es; and (5) the lethality of family violence. § 15109. Continuing Education for Attorneys. (a) The Superior Court of Guam shall provide or con tract to provide in-service training. (b) The courses must be prepared and presented in c onsultation with persons who have demonstrated expertise and experie nce in providing legal assistance to victims and perpetrators of family vi olence, advocates for victims, non-profit family violence coalitions or o ersons who have demonstrated expertise and experie nce in providing legal assistance to victims and perpetrators of family vi olence, advocates for victims, non-profit family violence coalitions or o rganizations, the Family Violence Task Force and the Guam Bar Association. (c) The courses must include, but are not limited t o, the following topics: COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 8 (1) the nature, extent and causes of family violenc e; (2) practices designed to promote safety of the vic tim and other family and household members, including safety plan s; (3) resources available for victims and perpetrator s of family violence; (4) sensitivity to cultural, racial and gender issu es; and (5) the lethality of family violence. § 15110. Required Curricula for Education System. (a) The Department of Education shall select or dev elop: (1) curricula for pupils concerning family violence that are appropriate for various ages; (2) curricula for school counselors, health-care pe rsonnel, administrators and teachers concerning family viole nce; and (3) curricula for Department of Public Works Bus Op erations employees. ages; (2) curricula for school counselors, health-care pe rsonnel, administrators and teachers concerning family viole nce; and (3) curricula for Department of Public Works Bus Op erations employees. (b) The curricula must be selected or developed in consultation with public and private agencies that provide programs f or victims of family violence and programs of intervention for perpetrat ors of family violence, advocates for victims, non-profit family violence c oalitions or organizations, persons who have demonstrated expertise and experie nce in education and family violence, and the Family Violence Task Force . (c) The curricula must include, but are not limited to: (1) the nature, extent and causes of family violen ce; (2) issues of family violence concerning children; (3) the prevention of the use of violence by childr en; (4) sensitivity to cultural, racial and gender issu es; (5) violence in dating and other social relationshi ps of boys and girls; (6) practices designed to promote safety of the vic tim and other family and household members, including safety plan s; COL37201419 GCA PERSONAL RELATIONS CH. ocial relationshi ps of boys and girls; (6) practices designed to promote safety of the vic tim and other family and household members, including safety plan s; COL37201419 GCA PERSONAL RELATIONS CH. 15 PREVENTION AND TREATMENT 9 (7) legal reporting requirements concerning abuse o r neglect of children; and (8) the lethality of family violence. NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. The pa ssage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Educat ion. § 15111. Continuing Education for Other Government of Guam Agencies. (a) Training shall also be offered to other employe es and agency heads of Guam Memorial Hospital Authority, Department of Public Health and Social Services, Guam Behavioral and Wellness Cente r, Guam Housing and Urban Renewal Authority, Department of Youth Affair s, Public Defender Service Corporation and Guam Fire Department, as we ll as I Liheslaturan Guåhan , and village mayors. (b) The courses must be prepared and presented in c onsultation with public and private agencies that provide programs f or victims of family violence, persons who have demonstrated d village mayors. (b) The courses must be prepared and presented in c onsultation with public and private agencies that provide programs f or victims of family violence, persons who have demonstrated expertise i n education and family violence, advocates for victims, non-profit family violence coalitions or organizations, and the Family Violence Task Force. (c) The courses must, include but are not limited t o, the following topics: (1) the nature, extent and causes of family violenc e; (2) practices designed to promote safety of the vic tim and other family and household members, including safety plan s; (3) issues of family violence concerning children; (4) sensitivity to cultural, racial and gender issu es; (5) legal reporting requirements concerning abuse o r neglect of children; and (6) the lethality of family violence. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, and all refe rences to DMHSA were altered to the Guam Behavioral Health and Wellness Center purs uant to P.L. 32-024:4. COL37201419 GCA PERSONAL RELATIONS CH. m Behavioral Health and Wellness Center, and all refe rences to DMHSA were altered to the Guam Behavioral Health and Wellness Center purs uant to P.L. 32-024:4. 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Guam Legal Code