Guam Definition of Child Abuse and Neglect

Physical Abuse: Citation: Ann. Code Tit. 19, § 13101
'Abused or neglected child' means a child whose physical or mental health or welfare is harmed or threatened with harm by the acts or omissions of the person or persons responsible for the child's welfare.

'Harm to a child's physical health or welfare' occurs in cases in which there exists evidence of injury, including but not limited to:

  • A case in which the child exhibits evidence of skin bruising or other internal bleeding, an injury to skin causing bleeding, burns, poisoning, fracture of any bone, subdural hematoma, soft tissue swelling, extreme pain, or death
  • Disfigurement or impairment of a bodily organ, and such injury is inflicted by other than accidental means, by excessive corporal punishment, or where the history given concerning such condition or death is at variance with the degree or type of such condition or death
  • A case in which the child is provided with a controlled substance, except for drugs prescribed by a medical practitioner

Neglect: Citation: Ann. Code Tit. 19, § 13101
The term 'abused or neglected child' includes a child whose physical or mental health or welfare is harmed or threatened with harm by the acts or omissions of the person or persons responsible for the child's welfare.

'Harm to a child's physical health or welfare' includes a case in which the physical health of the child is adversely affected because the person responsible for the child's welfare has not regularly provided the child, in a timely manner, with adequate food, clothing, shelter, psychological care, physical care, health care, or supervision, when able to financially or if offered financial assistance, health care, or other reasonable means to do so.

Sexual Abuse/Exploitation: Citation: Ann. Code Tit. 19, § 13101
'Harm to a child's physical health or welfare' occurs in a case in which there exists evidence of injury, including but not limited to a case in which the child has been the victim of a sexual offense, as defined in the Criminal and Correctional Code.

Emotional Abuse: Citation: Ann. Code Tit. 19, § 13101
The term 'abused or neglected child' includes a child whose mental health or welfare is harmed or threatened with harm by the acts or omissions of the person or persons responsible for the child's welfare.

'Harm' occurs when there exists injury to the psychological capacity of a child such as failure to thrive, extreme mental distress, or gross emotional or verbal degradation, as is evidenced by an observable and substantial impairment in the child's ability to function within a normal range of performance with due regard to the child's culture.

Abandonment: Citation: Ann. Code Tit. 19, § 13101
'Abandonment' means the desertion or willful forsaking of a minor by the person responsible for the child's welfare under circumstances in which a reasonable person would continue to provide care or custody.

The term 'harm' includes a case in which the child has been abandoned.

Standards for Reporting
Citation: Ann. Code Tit. 19, § 13202

A report must be made when there is reasonable cause to suspect that a child is an abused or neglected child.

Persons Responsible for the Child: Citation: Ann. Code Tit. 19, § 13101
A 'person responsible for the child's welfare' includes:

  • The child's parent, guardian, or foster parent
  • An employee of a public or private residential home or an institution or authorized agency responsible for the child's welfare

The term 'family' includes 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.

Exceptions: Citation: Ann. Code Tit. 19, § 13101
A person responsible for the child's welfare who, while legitimately practicing his or her religious beliefs, does not specify medical treatment for the child should not for that reason alone be considered as harming or threatening harm to the child.