court at a time designated. The court shall then proceed as provided in this Act.

Section 5. 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 purposes of this Act until such child becomes twenty-one 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.

Section 6. If a child sixteen years of age or older is charged with an offense which would be a felony if committed by an adult, 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 years of age shall be so certified; provided, that such certifying judge shall not in turn preside over the criminal proceedings against such child.

Section 7. Whenever any person informs the court that a child is within the purview of this Act, 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 Act; (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.

Section 8. 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 guardian 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.

Section 9. 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 hours before the time fixed in the summons for the return thereof.

Service of summons, process or notice required by this Act 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 Act, and such expenses when approved by the judge shall be a charge upon the Government of Guam.

Section 10. 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.

Section 11. (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 to endanger his welfare, is taken into custody, such taking into custody shall not be termed an arrest. The jurisdiction of the court shall attach from the time of such taking into custody. When a child is so taken into custody, such officer shall notify the parent, guardian or custodian of the child as soon as possible. Whenever possible, unless otherwise ordered by the court, such child shall be released to the custody of his parent or other responsible adult upon the written promise, signed by such person, to bring the child to the court at a stated time or at such time as the court may direct. Such written promise, accompanied by a written report by the officer, shall be submitted to the court as soon as possible. If such person shall fail to produce the child as agreed or upon notice from the court, a summon or a warrant may be issued for the apprehension of such person or of the child.

(b) If the child is not released as hereinabove provided, such child shall be taken without unnecessary delay to the court or to the place of detention designated by the court, and as soon as possible thereafter the fact of such detention shall be reported to the court, accompanied by a written report by the officer taking the child into custody stating: (1) facts of the offense and (2) reason why the child is not released to the parent. Pending further disposition of the case, the court may release such child to the custody of the parent or other person or may detain the child in such place as the court shall designate, subject to further order, but no child shall be held in deten

tion longer than two days excluding Sundays and holidays, unless an order for such detention is signed by the judge.

(c) No child shall be transported in any police vehicle which also contain adults under arrest. No child shall at any time be detained in any police station, lockup, jail or prison; except that, by order of the judge in which reasons therefor shall be specified, a child sixteen years of age or older whose conduct or condition is such as to endanger his safety or welfare or that of others in the detention facility for children, may be placed in a jail or other place of detention for adults, but in a room or ward entirely separate from adults confined therein.

(d) Provisions regarding bail shall not be applicable to children detained in accordance with the provisions of this Act.

(e) Neither the fingerprints nor a photograph shall be taken of any child taken into custody for any purpose, without the written consent of the judge.

(f) Peace officer's records of children shall be kept separate from records of adults and shall not be open to public inspection.

Section 12. Provisions shall be made for a detention home or homes for the temporary detention of children, to be conducted by the court, or subject to the approval and supervision of the court, by other appropriate public agency; or the court may arrange for use of private homes for such detention, subject to the supervision of the court or other agency, or may arrange with any institution or agency to receive for temporary care and custody children within the jurisdiction of the court.

Section 13. All cases of children shall be dealt with by the court at separate hearings and without a jury. The hearings shall be conducted in an informal manner, and may be adjourned from time to time. Stenographic notes or other transcript of the hearings shall be required only if the court so orders. The general public shall be excluded and only such persons admitted as the judge shall find to have a direct interest in the case or in the work of the court. The presence of the child in court may be waived by the court at any stage of the proceedings.

Section 14. When a child is found by the court to come within the provisions of Section 3 of this Act, the court shall so decree and in its decree shall make a finding of the facts upon which the court exercises its jurisdiction over said child. Upon such decree the court may by order duly entered proceed as follows:

(a) Place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine. Probation shall mean casework services during a continuance of the case. Probation shall not be ordered or administered as a punishment, but as a measure for the protection, guidance and well-being of the child and his family.

(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes, or under the guardianship of a suitable person. Such commitment shall be for an indeterminate period, but in no event shall continue beyond the child's twenty-first birthday. In committing a child to a private institution or agency

the court shall select one that is approved by the Governor of Guam. (c) The court may cause any child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist or psychologist, and for that purpose may place the child in a hospital or other suitable facility.

(d) Order such care and treatment as the court may deem best, except as herein otherwise provided. In support of any order of decree the court may require the parents or other persons having the custody of the child, or any other person who has been found by the court to be encouraging, causing or contributing to the acts or conditions which bring the child within the purview of this Act, to do or omit to do any acts required or forbidden by law, when the judge deems such requirement necessary for the welfare of the child. In case of failure to comply with such requirement, the court may proceed against such persons for contempt of court.

(e) The court may dismiss the petition or otherwise terminate its jurisdiction at any time.

No adjudication by the court of the status of any child shall be deemed a conviction, nor shall such adjudication operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be found guilty or be deemed a criminal by reason of such adjudication, nor shall any child be charged with crime or convicted in any court, except as provided in Section 6 of this Act. The disposition made of a child, or any evidence given in the court, shall not operate to disqualify the child in any future classified service application or appointment.

Whenever the court shall commit a child to any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution or agency shall give to the court such information concerning such child as the court may at any time require.

Section 15. In placing a child under the guardianship or custody of an individual or of a private agency or institution, and in granting adoption, the court shall whenever practicable select a person or an agency or institution governed by persons of the same religious faith as that of the parents of such child, or in the case of a difference in the religious faith of the parents, then of the religious faith of the child, or if the religious faith of the child is not ascertainable, then of the faith of either of the parents.

Section 16. Whenever a child is committed by the court to the custody other than that of his parents, or is given medical, psychological or psychiatric treatment under order of the court, and no provision is otherwise made by law for the support of such child or payment for such treatment, compensation for the care and treatment of such child, when approved by order of the court shall be a charge upon the Government of Guam. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay in such manner as the court may direct, such sum, within his ability to pay, as will cover in whole or in part the support and treatment of such child. If such parent

shall wilfully fail or refuse to pay such sum, the court may proceed against him as for contempt.

Section 17. The court shall have original jurisdiction to try any adult charged with a violation of Section 273(a) of the Penal Code of Guam as added by this Act.

Section 18. All provisions of this Act relative to procedure in cases of children, when not inconsistent with provisions of law relating to the conduct of adult cases, shall so far as practicable also apply to cases against adults brought under Section 17 of this Act. With the consent of the defendant, the court may make preliminary investigation and may make such adjustment as is practicable. On request of the court, the Attorney General, shall prepare and prosecute any case within the purview of said section.

Upon conviction in any case the court shall have powers to impose sentence as provided by law; it may suspend sentence or the execution thereof and place the defendant on probation, and may by order impose upon him such duty as shall be deemed by the court to be for the best interests of the child or other persons concerned. The court may require the defendant to give security by bond, with surety or sureties approved by the court, for compliance with such order.

Section 19. (a) Whenever in the course of a proceeding instituted under Section 7 of this Act, it shall appear to the court that the parents or the surviving parent of a child, or the mother of a child born out of wedlock, have abandoned such child for one year or more or have substantially and continuously or repeatedly refused, or being financially able have neglected to give such child parental care and protection; or that such parent or parents are unfit by reason of their conduct or condition which is seriously detrimental to the said child, the court shall have jurisdiction to transfer the permanent care, control and custody of such child to some other person, agency or institution, and may terminate all rights of such parent or parents with reference to such child, and also may appoint a guardian for the person of such child. Such transfer or termination shall be made only after a hearing before the court, and the court shall cause notice of the time, place and purpose of such hearing to be served on such parent or parents personally at least ten days prior to the date of hearing; or if the court is satisfied that personal service cannot be effected, then such notice may be given by publication thereof in a newspaper in general circulation in the territory of Guam once a week for three weeks prior to the date of the hearing.

(b) If a child is abandoned or neglected by one parent the rights of only such parent with reference to such child may be terminated as provided in paragraph (a) above, without affecting the rights of the other parent.

(c) Upon the application of the parents or the surviving parent of a child or the mother of a child born out of wedlock, the court may order the transfer of the permanent care, control and custody of such child, and if it appears wise, the termination of all rights of a parent or the parents with reference to such child, provided the court after a hearing finds such transfer or termination to be in the best interests of the child.