Chapter 20

COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 1DIVISION 2 YOUTH -RELATED GOVERNMENT SERVICES Chapter 20. Department of Youth Affairs. Chapter 21. Summer Employment and Training Programs for Youth. Chapter 22. Agency for Human Resources Development. CHAPTER 20 DEPARTMENT OF YOUTH AFFAIRS Article 1.Department of Y outh Affairs. Article 2.Youth Correctional Facilities. ARTICLE 1 DEPARTMENT OF YOUTH AFFAIRS § 20101. Citation. § 20102. Definitions. § 20103. Purpose. § 20104. Duties and Responsibilities. § 20105. Guam Council on Y outh Affairs. § 20106. Council Powers. § 20107. Council Meetings. § 20108. Chief Administrative Officer . § 20109. Appropriations and Expenditures. § 20110. Personnel. § 20111. Federal Grants. § 20112. Department Auxiliary Services Fund. § 20113. Voluntary Services. § 20114. Annu al Report. § 20115. Programs Authorized. § 20116. Division of Y outh Development. § 20117. Division of Special Services. § 20118. Deinstitutionalization of Status Offenders § 20119. Records of Status Offenders. § 20120. Records Discrimination Against Stat us Offenders Prohibited. § 20121 .Severability . § 20122 .Transfer of Functions. § 20101. Citation.

Status Offenders § 20119. Records of Status Offenders. § 20120. Records Discrimination Against Stat us Offenders Prohibited. § 20121 .Severability . § 20122 .Transfer of Functions. § 20101. Citation. COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 2This Chapter may be cited as The Y outh Affairs Act of 1978. SOURCE: GC § 26500 enacted by P .L. 14 -110:3. § 20102. Definitions . (a) Department means the Dep artment of Y outh Affairs as established by5 GCA '3117. (b) Director means the head of the Depart ment of Y outh Affairs. (c) Council means the Guam Council on Y outh Affairs. (d) Youthmeans any person twenty -five (25) years of age and under. (e) Committee means the Special Services Committee. SOURCE: GC § 26501 enacted by P .L. 14 -110:3. § 20103. Purpose . The purpose of the De partment is to plan, coordinate and/or implement programs, services and activities geared toward youth development, rehabilitation and involve ment in the community . It shall not duplicate existing programs of other agencies of the government of Guam. SOURCE: GC § 26502 enacted by P .L. 14 -110:3. § 20104. Duties and Responsibilities .

lve ment in the community . It shall not duplicate existing programs of other agencies of the government of Guam. SOURCE: GC § 26502 enacted by P .L. 14 -110:3. § 20104. Duties and Responsibilities . The Department shall: (a) formulate plans and polic ies, develop a com prehen sive approach, coordinate and/or imple ment programs and services to enable the youth to develop his full potential and skills, talent, leadership ability , good sportsmanship and citizenship; (b) provide youth services and program to all districts of Guam; (c) encourage, through direct or indirect means, all youths, especially those in need of guidance and motiva tion, to make use of existing youth facilities, services and pro grams; (d) establish a comprehensive approach to provid ing services and programs to youth, taking into consid eration the coordination and consolidation of existing programs and services and planning with implement ing new programs and services where deemed neces sary; (e) make such referrals as are necessary when certain services are best provided by other agencies within the government of Guam or b y other resources within the commu nity or abroad;COL 1129201019GCA PERSONAL

ch referrals as are necessary when certain services are best provided by other agencies within the government of Guam or b y other resources within the commu nity or abroad;COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 3(f) provide assistance and cooperation to youth and community groups, both organized and unorga nized, which pro vide or sponsor programs and/or services beneficial to the youth; (g) collect and disseminate information and research data relative to youth needs and problems; (h) keep the Governor, the Judges of the Courts of Guam, the Guam Legislature, the District Co mmission ers and the general public informed on all major youth devel opments and achievements; and (i) have general purview of youth activities within the territory of Guam. SOURCE: GC § 26503 enacted by P .L. 14 -110:3. § 20105. Guam Council on Y outh Affai rs. There is within the Department a Guam Council on Y outh Affairs. The Council shall consist of eleven (11) members appointed by the Gover nor with the advice and consent of the Legislature for a term of four (4) years; provided that of the members first appointed, three (3) shall serve for a te rm of one (1) year ,

pointed by the Gover nor with the advice and consent of the Legislature for a term of four (4) years; provided that of the members first appointed, three (3) shall serve for a te rm of one (1) year , three (3) for a term of two (2) years three (3) for a term of three (3) years, and two (2) for a term of four (4) years. The members shall determine by lot which of them shall serve which terms. Vacancies shall be filled the same as first appoint ments, but only for the unexpired term of the vacant position. The members shall be so se lected that there be one (1) representa tive from each of the following entities: (a) Judiciary Branch (b) Guam Police Department (c) Department of Public Health and Social Ser vices (d) District Government Council (e) Department of Labor (f) University of Guam (youth student) (g) Public School System (youth student) (h) Private School system (youth student) (i) Southern Region (Y ona, Talofofo, Inarajan, Merizo, Umatac, Agat, Santa Rita) (j) Northern Region (T amuning -Tumon, Dededo, Yigo)COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 4(k) Central Region (Agana, Heights, Asan -Maina, Mongmong -Toto-Maite, Barrigada, Mangilao,

ion (T amuning -Tumon, Dededo, Yigo)COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 4(k) Central Region (Agana, Heights, Asan -Maina, Mongmong -Toto-Maite, Barrigada, Mangilao, Chalan Pago -Ordot, Sinajana, Piti). TheCouncil shall elect from among its mem bers a Chairman and a Vice-Chairman. Six (6) members shall consti tute a quorum. The affirma tive votes of six (6) members shall be necessary for Council action. Members of the Council shall be compensated at the rat e of Fifty Dollars ($50) per day for each day on which the Council meets, such compensation not to exceed One Hundred Dollars ($100) per month. SOURCE: GC § 26504. Second paragraph amended by P .L.’s. 15 -148:29. § 20106. Council Powers . The Council shall b e respon sible for the approval of plans and programs of the Depart ment of Y outh Affairs and for that purpose shall have the following powers, duties and responsibilities: (a) Oversee the formulation of the depart ment's policies, plans, programs and bud get; (b) Be responsible for the over -all operation of the Department, including the appointment and removal of the Director or any employee of the Department; (c) Furnish leadership

programs and bud get; (b) Be responsible for the over -all operation of the Department, including the appointment and removal of the Director or any employee of the Department; (c) Furnish leadership needed for long -range planning; (d) Accept on behalf of, and in the name o f the govern ment of Guam, from any government or agency thereof, or any person, natural or legal, advisory services, donations and gifts, provided, however , that any grant -in-aid or other form of assistance involving an obligation on the part of the Counc il or the govern ment of Guam shall require the prior approval of the Governor and a determination by the Depart - ment's certifying officer of the availability of funds; and (e) Adopt such rules and regulations as may be necessary to implement the provision s of this Chapter. SOURCE: GC § 26505 enacted by P .L. 14 -110:3. § 20107. Council Meetings . The Council shall meet at such times and places as it shall prescribe by rule or resolution, but it shall not be less than once per month. All its meetings shall be public and notice of such meetings shall be given three (3) days prior to the date scheduled.COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT

e less than once per month. All its meetings shall be public and notice of such meetings shall be given three (3) days prior to the date scheduled.COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 5SOURCE: GC § 26506 enacted by P .L. 14 -110:3. § 20108. Chief Administrative Officer . The Director shall be the chief administrative officer of the Department andthe Executive Secretary of the Council. He shall be respon sible for the day-to-day management and operation of the Department. SOURCE: GC § 26507 enacted by P .L. 14 -110:3. § 20109. Appropriations and Expenditures . All re quests or proposals for appropri ations from the public funds of Guam and from the Federal government for the general operation and pro - grams of the Department shall be pre pared by the Director, subject to the approval of the Council, prior to submission to the Governor and the Legislatu re. SOURCE: GC § 26508 enacted by P .L. 14 -110:3. § 20110. Personnel . The Council is author ized to appoint such personnel and fix their duties and salaries, in accor dance with Title 4, Guam Code Annotated, Public Officers and Employees, as may be necessa ryfor purposes of this Chapter.

or ized to appoint such personnel and fix their duties and salaries, in accor dance with Title 4, Guam Code Annotated, Public Officers and Employees, as may be necessa ryfor purposes of this Chapter. SOURCE: GC § 26509 enacted by P .L. 14 -110:3. § 20111. Federal Grants . The Director shall comply with all Federal requirements pertaining to methods and stan dards of administration and with the approval of the Council, sha ll make such rules and regulations and follow such procedures as may be required for the receipt from the Federal govern ment of grants or grants -in-aid for public assistance and such administrative costs as are provided in connec tion therewith. SOURCE: GC § 26510 enacted by P .L. 14 -110:3. § 20112. Department Auxiliary Services Fund . (a) For the purpose of securing, insofar as possible, self -supporting activities of some programs of the Department, there is hereby established a fund to be known as the Department Auxilia ry Service Fund which shall be maintained in connec tion there with. (b) All monies received by the Department from its auxiliary services shall be deposited in said Department Auxiliary Service Fund.

y Service Fund which shall be maintained in connec tion there with. (b) All monies received by the Department from its auxiliary services shall be deposited in said Department Auxiliary Service Fund. All debts, liabilities and obligation s of any such services shall be paid from said fund. COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 6The Director of the Department shall render to the Council a monthly state - ment reflecting the cor rect financial condition of said fund. SOURCE: GC § 26511 enacted by P .L. 14 -110:3. § 20113. V oluntary S ervices . The Council is authorized to solicit and accept services of individuals and organiza tions on a voluntary basis in its programs under a carefully planned and supervised manner. SOURCE: GC § 26512 enacted by P .L. 14 -110:3. § 20114. Annual Report . The Council on Y outh Affairs shall make an annual report to the Governor at the termi nation of each fiscal year setting forth a summation of its activities and general recommendations. SOURCE: GC § 26513 enacted by P .L. 14 -110:3. § 20115. Programs Author ized. Notwithstand ing any provisions of law to the contrary , the De partment shall, as it deems necessary ,

recommendations. SOURCE: GC § 26513 enacted by P .L. 14 -110:3. § 20115. Programs Author ized. Notwithstand ing any provisions of law to the contrary , the De partment shall, as it deems necessary , aug ment, establish and maintain such program s and services for youth as provided in '§ 20104, 20116 and 20117 of this Chapter; provided that it sha ll not duplicate existing programs of other agencies of the government of Guam. SOURCE: GC § 26514 enacted by P .L. 14 -110:3. § 20116. Division of Y outh Development . There shall be a Division of Y outh Development within the Depart - ment. The division shall have the following duties and responsi bilities: (a) It shall be its major responsibility to make first contact with youth in various districts, including predelinquent and delin quent, and provide such services as deemed necessary , including outreach in -take processing, referral, judicial and police liaison, counseling and guid - ance. There shall be such district centers as authorized by the Council. (b) In cooperation with the Department of Parks and Recreation, Department of Education and the District C ommissioners' Offices, it shall coordinate sports and recreation

authorized by the Council. (b) In cooperation with the Department of Parks and Recreation, Department of Education and the District C ommissioners' Offices, it shall coordinate sports and recreation programs for youth throughout the Territory and may augment existing programs where deemed necessary . COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 7(c) Coordinate with other departments or agencies (or implement such youth programs and activities if none exist) relative to internship within the govern ment of Guam, scholarship, cultural e xchange, Y outh Week, skill training, job development, achievement awards, arts and crafts, youth employment, career counseling, development of special or artistic talents, music appreciation and such other special events covered by any other division of the Department. SOURCE: GC § 26515 enacted by P .L. 14 -110:3. 2009 NOTE: P.L. 28 -045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P .L. 30 -050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. § 20117. Division of Special Services .

Education to the Guam Public School System. P .L. 30 -050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. § 20117. Division of Special Services . There shall be a Division of Special Services within the Department. I t shall be responsible for handling and caring of youths referred by the Guam Police Department, courts of Guam, parents or legal guardians, public and private agencies. Further more, it shall be responsible for care, custody and the rehabilitation of youth adjudi cated by the courts of Guam. (a) There is established a Board of Review comprising of five (5) members, one (1) of whom shall be a youth, appointed by the Council and approved by the Governor . The members shall serve for four (4) years. V acancies s hall be filled the same as the initial appointments but only for the unexpired term. The Board shall be responsible for reviewing and monitoring programs of each client adjudi cated by the courts and shall submit a progress report on each client at six (6) months intervals to the Chairman of the Council, who shall maintain close liaison with the Juvenile Court of Guam relative to the care of an adjudicat ed

t a progress report on each client at six (6) months intervals to the Chairman of the Council, who shall maintain close liaison with the Juvenile Court of Guam relative to the care of an adjudicat ed youth. The affir mative vote of three (3) members shall be neces sary for the validity of any act of the Board. (b) There is created within the division a Special Services Committee, consisting of twen ty-one (21) members, eleven (11) of whom shall be the persons appointed to the Guam Council on Y outh Affairs pursuant to § 20105 of this Act. The remain ing ten (10) members shall be ap pointed by the Governor for a term of four (4) years. These ten (10) members shall classify themselves by lot so that three (3) shall serve for one (1) year, three (3) for two (2) years, three (3) for four (4) years and one ( 1) for four (4) years. Their successors shall be appointed each for a term of four (4) years. V acancies shall be filled the same as regular appoint ments but only for the unexpired COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 8term. The members shall serve without compensation but may be reimbursed fo r reasonable travel and out -of-pocket expenses

red COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 8term. The members shall serve without compensation but may be reimbursed fo r reasonable travel and out -of-pocket expenses incurred in the perfor mance of official duties as certified to the Trea surer of Guam by the Director . The Special Services Committee shall exist for the sole purpose of providing input to the Supervisory Boa rd of Guam's State Planning Agency for Criminal Justice and Law Enforcement (Territorial Crime Commission) relative to the development of the Supervisory Board's annual Compre hensive State Plan. The Special Services Committee shall make recommen dations and propose legislation for the de -institutionaliza tion of status offenders as required by the Juvenile Justice Delin quency Prevention Act of 1974. The affirmative vote of six (6) members shall be necessary for the validity of any acts of the Special Se rvices Committee. SOURCE: GC § 26516 enacted by P .L. 14 -110:3. NOTE: The ATerritorial Crime Commission @ceased to exist in the late 1970's or early 1980' s. § 20118. Deinstitutionaliza tion of Status Offenders.

tee. SOURCE: GC § 26516 enacted by P .L. 14 -110:3. NOTE: The ATerritorial Crime Commission @ceased to exist in the late 1970's or early 1980' s. § 20118. Deinstitutionaliza tion of Status Offenders. There is hereby established within the Depart ment a Deinstitutionalization of Status Offender Program (the Program) which shall ensure that children are notplaced in secured correctional or de tention facilities for offenses that would notbe considered criminal ifcommitted by an adult. A Status Of fender is a juvenile offender who has been charged with or adjudicated for conduct which would not, under the laws of Guam and the laws of the United States applicable to Guam, be a crime ifcommitted by an adult (28 CFR 31.304(h)). (a) The Department, thr ough the Program, shall provide alternative placements for youths who either, (1) are status offenders, or(2) have been identified as 'at risk' or referred for services by any government orprivate agency as abuse orneglect victims. (b) Such alternative placements may be provided in a Department facility separate and apart from the Youth Correctional Facilities orin private organizations on a contractual basis, and shall include, but not be

ernative placements may be provided in a Department facility separate and apart from the Youth Correctional Facilities orin private organizations on a contractual basis, and shall include, but not be limited to, any of the following: shelters; therapeutic foster homes; COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 9casework and counseling; psychological evaluation; family reconstruction; outreach; information and referral; drug and alcohol assessments; crisis intervention; individual and group therapy; and support services and prevention programs at all level s. The services must be provided in a comprehensive and holistic approach focusing on the family and the troubled youth; provided, that such service s shall be administered by bona fide, certified professionals in social work or related disciplines. (c) I n the Program, special attention shall be placed on the development and implementation of services to those children who have committed status offenses and who have been referred to the Family Court, orwho are in violation of §21009 of Title 19, Guam Code Annotated .

and implementation of services to those children who have committed status offenses and who have been referred to the Family Court, orwho are in violation of §21009 of Title 19, Guam Code Annotated . (d) The Department shall annually cause an independent review of the Program to be conducted by persons notaffiliated with the Department, and shall, itself, annually review the Program to determine the extent to which optimum services have b een provided. The Department shall within thirty (30) days after receipt of the independent review, but in no event, later than March 1st of each year, submit a copy to I Liheslatura . SOURCE: GC '26517 enacted by P .L. 21 -51:2. Amended by P .L. 29 -074:1 (May 9, 2008). NOTE: Section 6 of P .L. 21 -51 adds: Section 6. Effective date: exception. This Act shall take effect on its approval by the Governor or on its becom ing law without his approval; provided , howev er, th at referrals of status offenders by the Department of Y outh Affairs for place ment in one of its detention units may continue until such time as the alternative placement p rovisions of subsection (a) of § 26517 as set out in Section 2 of this Act are operational; provided

ace ment in one of its detention units may continue until such time as the alternative placement p rovisions of subsection (a) of § 26517 as set out in Section 2 of this Act are operational; provided further, that such period of continued referrals only to detention units shall not exceed one (1) year from the effective date of this Act. § 20119. Records of Status Offenders. The juvenile records of individuals who have been convicted of only a status offense(s) shall be sealed and notavailable to any party without a valid court order. SOURCE : Added by P .L. 30 -168:2 (Jul y16, 2010). § 20120. Records Discrimination Against Status Offenders Prohibited.COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 10Nogovernment agency orprogram may, solely on the basis of convicti on of a status offense, discriminate against any person who would otherwise be eligible. Noprivate entity that receives government of Guam funding, either local or federal funds, for any of its programs may, solely on the basis of conviction of a status offense, discriminate against any person who would otherwise be eligible. SOURCE : Added by P .L. 30 -168:2 (July 16, 2010). § 201 21.

its programs may, solely on the basis of conviction of a status offense, discriminate against any person who would otherwise be eligible. SOURCE : Added by P .L. 30 -168:2 (July 16, 2010). § 201 21. Severability. If any provisions of this Chapter or the application thereof to any person or circumstances is held inval id,such invalidi tyshall not affect other provi sions or applications of this Chapter which can be given effect without the invalid provisions or applica tions and to this end the provisions of this Chapter are severable. SOURCE: GC § 26517; renumbered to G C § 26518 by P .L. 21 -51.Renumbered by P.L. 30 -168:1 (July 16, 2010). § 2012 2. Tra nsfer of Functions. Upon the effective date of this Act, the Governor shall transfer e xisting programs, personnel, equip ment, furniture, supplies, records, docu ments and unexpended funds of functions, programs and services from various agencies, departments, instrumentali ties of the government of Guam to the Department of Y outh Affairs in consonant with this Act. These shall include but not necessari ly limited to the fol lowing: Impact '76, Y outh Services, Youth Correctional Facilities of the Juvenile Justice Division,

th Affairs in consonant with this Act. These shall include but not necessari ly limited to the fol lowing: Impact '76, Y outh Services, Youth Correctional Facilities of the Juvenile Justice Division, Superior Court of Guam; Summer Y outh Employment Program of the Department of Labor; and Y outh Conservation Corps of the Department of Agriculture. SOURCE: P.L. 14 -110:7 codified by Compiler .Renumbered by P .L. 30 -168:1 (July 16, 2010). ---------- ARTICLE 2 YOUTH CORRECTIONAL FACILITIES § 20201. Y outh Correctional Facilities. § 20202. V alid Court Order Provisions. § 20201. Y outh Correctional Facilities . COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 11The Department of Y outh Affairs within the Executive Branch shall maintain and operate facilities for the temporary or continuing care, custody or detention, or commitment and rehabilitation of youth and may arrange for use of private homes for such care or deten tion. (a) Direct Supervision by the Department of Y outh Affairs. Wards of such correctional facilities shall be under the direct supervision of the Department of Y outh Affairs in order to apply more advantageously the salutary effect of home

nt of Y outh Affairs. Wards of such correctional facilities shall be under the direct supervision of the Department of Y outh Affairs in order to apply more advantageously the salutary effect of home and fa mily environment upon them, and also in order to secure a better classification and segregation of such wards according to their capacities, interests and responsiveness to control and responsibilities, and to give better opportunity for reform and encoura gement of self -discipline in such correctional facilities. (b) Rules. The Department of Y outh Affairs shall promul gate, pursuant to the Administrative Adjudication Law , such rules as m ay be neces saryfor the guidance of all youth correctional or detenti on facilities, which rules shall be filed with the Legislative Secretary . SOURCE: GC '26520 enacted by P .L. 14 -110:3. § 20202. V alid Court Order Provisions. No status offender shall beplaced in the Department’s Youth Correctional Facilities, a secure ju venile detention facility orjuvenile holding facility as a means orform of punishment except following a finding that the child has violated a valid court order.

Correctional Facilities, a secure ju venile detention facility orjuvenile holding facility as a means orform of punishment except following a finding that the child has violated a valid court order. (a) For purposes of this Act, a valid court order is a court order given bya judge to a ch ild who was brought before the court and made subject to the order, and who received, before the issuance of the order, the full due process rights guaranteed to such child by the Constitution of the United States. (42U.S.C. 5603, Section 103(16)). (b) An accused status offender shall not be held in the Department's Youth Correctional Facility longer than twenty -four (24) hours prior to and twenty -four (24) hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, except under the following circumstances: a status offender may be held either in the Department’s Youth Correctional Facilities; Cottage Homes, which is the Department’s non-secured juvenile detention facilities; orthe youth’s own home for violating a v alid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any

detention facilities; orthe youth’s own home for violating a v alid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto. Runaways, who are notresiding on Guam, COL 1129201019GCA PERSONAL RELATIONS CH.20DEPARTMENT OF YOUT H AFFAIRS 12maybedetained pending return to their home sta te orisland, whichever the case may be. (c) A valid court order must be in force and that a report by the Department states that remanding the youth, pursuant to §21008(c) of this Act,is necessary to justify holding a youth in secured detention longer t han seventy -two (72) hours. SOURCE: Added as 19 GCA § 21009 by P.L. 29 -074:2 (May 9, 2008). Renumbered and placed by the Compiler in this Chapter and Article, which are germane to the substance of the section. 2008 COMMENT :Subsection (c) references sect ion 21008 (c), which does not exist. The Legislature has been informed of this inconsistency . ----------COL 11292010