Text of GU-13938COR-2025

I Mina’trentai Ocho Na Liheslaturan Guåhan THE THIRTY-EIGHTH GUAM LEGISLATURE Bill HISTORY 8/26/2025 12:00 PM I Mina'trentai Ocho Na Liheslaturan Guåhan BILL STATUS BILL NO. SPONSOR TITLE DATE INTRODUCED DATE REFERRED CMTE REFERRED FISCAL NOTES PUBLIC HEARING DATE DATE COMMITTEE REPORT FILED NOTES Shelly V. Calvo Therese M. Terlaje William A. Parkinson V. Anthony Ada Vincent A. V. Borja Sabrina Salas Matanane Joe S. San Agustin Tina Rose Muña Barnes Sabina Flores Perez AN ACT TO ADD NEW §§ 13321.1 AND 13321.2 TO ARTICLE 3, CHAPTER 13, TITLE 19, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE FOSTER CARE BILL OF RIGHTS; AND TO CITE THIS ACT AS THE “FOSTER CARE BILL OF RIGHTS ACT OF 2025.” 5/8/25 2:45 p.m. 5/15/25 Committee on Child Welfare, Youth Affairs, Senior Citizens, Women’s Affairs, Disability Services, the Arts, Culture, Historic Preservation, and Hagåtña Restoration. Request: 5/15/25 Waiver: 5/22/25 5/23/25 9:00 a.m. 7/15/25 As Amended. SESSION DATE TITLE DATE PASSED TRANSMITTED DUE DATE PUBLIC LAW NO. DATE SIGNED 7/28/25 AN ACT TO ADD NEW §§ 13321.1 AND 13321.2 TO ARTICLE 3, CHAPTER 13, TITLE 19, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE FOSTER CARE BILL OF RIGHTS; AND TO CITE THIS ACT AS THE “FOSTER CARE BILL OF RIGHTS ACT OF 2025.” 7/31/25 8/6/25 8/18/25 38-56 8/18/25 139-38 (COR) As amended by the Committee on Child Welfare, Youth Affairs, Senior Citizens, Women’s Affairs, Disability Services, the Arts, Culture, Historic Preservation, and Hagåtña Restoration; and further amended on the Floor. NOTES Received: 8/18/25 Mess and Comm. Doc. No. 38GL-25-1066 CLERKS OFFICE- ^Referred Version Page 1 LOURDESA. LEON GUERRERO GOVERNOR UFISINAN 1 MAGA'HÅGAN GUAHAN OFFICE OF THE GOVERNOR OF GUAM Transmitted via Email to: speakerblas@guamlegislature.org August 18, 2025 THE HON. FRANK BLAS, JR., Speaker I Mina 'trentai Ocho Na Liheslaturan Guåhan 38th Guam Legislature Guam Congress Building 163 Chalan Santo Papa Hagåtfia, Guam 96910 JOSHUA F. TENORIO LT. GOVERNOR IO FRANK F. BLAS JR AU 18 2025 Time: Received: Re: Bill No. 139-38 (COR), "AN ACT TO ADD NEW" 13321.1 AND 13321.2 TO ARTICLE 3, CHAPTER 13, TITLE 19, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHINGTHE FOSTER CARE BILL OF RIGHTS; AND TO CITE THIS ACT AS THE 'FOSTER CARE BILL OF RIGHTS ACT OF 2025'." Håfa Adai Mr. Speaker, Bill No. 139-38 (COR) establishes the Foster Children's Bill of Rights, which affirms each child's right to safety, dignity, education, personal space, privacy, family connection, emotional and mental health services, and protection from unnecessary hardship, ensuring they are informed, respected, and supported while in foster care. Additionally, Bill 139 establishes the Foster Parents' Bill of Rights, which affirms their rights to dignified treatment, training, timely information about their foster child's background and case plan, 24/7 departmental support, fair financial reimbursement, participation in decisions, and procedural fairness, fortifying the partnership between foster families, the Department of Public Health and Social Services' Bureau of Social Services Administration (BOSSA), Child Protective Services (CPS) as well as the Civil Law Center. These rights, responsibilities, and protections that have long been practiced will now be firmly embedded in law. While Bill 139 does not address every challenge facing our foster youth, it helps place BOSSA, along with a Title IV-E State Plan, in a position to become eligible for federal programs and funding for foster children to gain skills for independent living and career success, as well as pursue higher education and vocational training. RICARDOJ. BORDALLO GOVERNOR'S COMPLEX 513 W. Marine Corps Drive Hagåtha, Guam 969 IO governor.guam.gov | (671) 472-8931 Doc. No. 38GL-25-1066.* To: Fr: Date: Ike: The Hon. Frank Blas, Jr., Speaker The Hon. Joshua F. Tenorio, Acting Governor of Guam August 18, 2025 Bill No. 139-38 (COR) Page 2 of 2 For these reasons, I sign Bill No. 139-38 (COR) into law as Public Law No. 38-56. Senseramente, OSHU F. TENORIO I Akto Maga 'låhen Guåhan Acting Governor of Guam Enclosure(s): Bill No. 139-38 (COR) nka P.L. 38-56 cc via email: Honorable Lourdes A. Leon Guerrero, Maga 'hågan Guåhan, Governor of Guam Compiler of Laws RICARDOJ. BORDALLO GOVERNOR'S COMPLEX 513 W. Marine Corps Drive Hagåtha, Guam 969 IO governor.guam.gov | (671) 472-8931 38GL-25-1066 August 18, 2025 7:44 p.m. Doc. No. 38GL-25-1066.* 1 MINA 'TRENTAI OCHO NA LIHESLATURAN GUÅHAN 2025 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO 1 MAGA 'HÅGAN GUAHAN This is to ceftify that Bill No. 139-38 (COR), "AN ACT TO ADD NEW 13321.1 AND 13321.2 TO ARTICLE 3, CHAPTER 13, TITLE 19, GUAM CODE ANNOTATED, RELATIVE rro ESTABLISHING THE FOSTER CARE BILL OF RIGHTS; AND TO CITE THIS ACT AS THE 'FOSTER CARE BILL OF RIGHTS ACT OF 2025'," was on the 3 rt day of July 2025, duly and regularly passed. Frank F.B s, Jr. Speaker Attested: V. Anthony Ada Acting Legislative Secretary This Act was received by IMaga'hågan Guåhan this (eSLIP) day of 2025, at o'clock L.M. As stant Staf fficer Maga'håga's Office APP JOSHUA F. TENORIO ACTING GOVERNOR OF GUAM Date: Public Law No. OFF}CE OF GOVERNOR OFFICE LveHyn Fejerall Reed :s Time: Doc. No. 38GL-25-1066.* 1MINA 'TRENTAIOCHO NA LIHESLATURAN GUÅHAN 2025 (FIRST) Regular Session Bill No. 139-38 (COR) As amended by the Committee on Child Welfare, Youth Affairs, Senior Citizens, Women's Affairs, Disability Services, the Arts, Culture, Historic Preservation, and Hagåtfia Restoration; and further amended on the Floor. Introduced by: Shelly V. Calvo Therese M. Terlaje William A. Parkinson V. Anthony Ada Vincent A.V. Borja Sabrina Salas Matanane Joe S. San Agustin Tina Rose Mufia Barnes Sabina Flores Perez Frank F. Blas, Jr. Eulogio Shawn Gumataotao Christopher M. Duefias Jesse A. Lujan Chris Barnett Telo T. Taitague 1 2 3 4 5 AN ACT TO ADD NEW 13321.1 AND 13321.2 TO ARTICLE 3, CHAPTER 13, TITLE 19, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE FOSTER CARE BILL OF RIGHTS; AND TO CITE THIS ACT AS THE "FOSTER CARE BILL OF RIGHTS ACT OF 2025." BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Short Title. This Act may be cited as the "Foster Care Bill of Rights Act of 2025." Section 2. A new 13321.1 of Chapter 13, Title 19, Guam Code Annotated, is hereby added to read as follows: 1 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 "S 13321.1. Foster Children's Bill of Rights. A foster child's rights include, but are not limited to, the following: (a) The right to appropriate care and treatment in the least restrictive setting available that can meet the child's needs according to the best judgment of the parents, the caseworker, and the court. (b) The right to live in a safe, healthy and comfortable placement where the child can receive reasonable protection from harm and appropriate privacy for personal needs and where the child is treated with respect. (c) The right to know why the child is in foster care and what will happen to the child and to the child's family, including siblings, and case plans in a way that is appropriate based on the child's age. (d) The right to be placed with a foster family that can accommodate the child's communication needs. (e) The right to visit and contact family members, unless prohibited by court order or by Child Protective Services. (f) The right to make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. (g) The right to be disciplined in a manner that is appropriate to the child's level of maturity. (h) The right to attend community, school and religious services and activities of the child's choice to the extent that it is appropriate for the child, as planned and discussed with the child's case worker and based on caregiver availability if transportation is available through a responsible party. (i) The right to go to school and receive an education that fits the child's age and individual needs. 2 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (j) The right to training in life skills such as personal care, hygiene and grooming. (k) The right to clothing that fits comfortably and is adequate to protect the child against natural elements such as rain, wind, cold, and sun. (l) The right to have personal possessions at home that are not offensive to the foster family and to acquire additional possessions with reasonable limits, as planned and discussed with the child's foster parent and case worker, and based on caregiver ability. (m) The right to personal space, in the foster home preferably, in the child's bedroom for storing clothing and belongings. (n) The right to healthy foods in healthy portions that are appropriate for the child's age and culture. (o) The right to comply with any approved visitation plan, at the child's discretion, and to have any restrictions explained to the child in a manner and level of details deemed age appropriate by the foster parent in agreement with the caseworker and documented in the child's record. (p) If the child is six (6) years of age or older, the right to receive contact information of the child's case worker, attorney or advocate and to speak with them in private if necessary. (q) The right to review and participate or request the guardian ad litem to participate on their behalf in his or her own case plan if he or she is at least fourteen (14) years of age, and to receive information about his or her out-of-home placement and case plan, including being told of changes to the plan. (r) The right to have fair and equal access to all available services, placement, care, treatment, and benefits, and not to be 3 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (s) The right to attend the child's court hearing and speak to the judge. (t) The right to have the child's records and personal information kept private and discussed only when it is about the child's care. (u) The right to be free of unnecessary or excessive medication, provided that prescribed medication must be taken as recommended by the child's health care provider. (v) The right to receive emotional, mental health care or chemical dependency treatment, as planned and discussed with the child's case worker, as is financially reasonable for the foster parent. (w) The right to report a violation of personal rights specified in this section without fear of punishment, interference, coercion or retaliation. (x) The right to understand and have a copy of the Foster Children's Bill of Rights listed in this section. The Foster Children's Bill of Rights must be posted in a conspicuous place in all secure facilities and/or residential placement facilities." Section 3. A new 13321.2 of Chapter 13, Title 19, Guam Code Annotated, is hereby added to read as follows: "S 13321.2. Foster Parents' Bill of Rights. A foster parent's rights include, but are not limited to: 4 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 (a) The right to be treated with dignity, respect, trust, value, and consideration as a primary provider of foster care and a member of the professional team caring for foster children. (b) The right to not be discriminated against on the basis of religion, race, color, creed, sex, national origin, age or physical disability. (c) The right to receive an explanation from the Department of Public Health and Social Services' ("Department") Bureau of Social Services Administration (BOSSA) concerning the rights enumerated in this section. (d) The right to a concise written explanation of their role as foster parents in partnership with children and their families, and the Department; the role of the Department; and the rights and role of the members of the birth family of a child in foster care. (e) The right to training and support for the purpose of improving skills in providing daily care and meeting the needs of the child in foster care. (f) The right to provide input to the Department in identifying the types of resources and services that would meet the needs of children currently in their care and of their families, and advocate for the same without threat of reprisal. (g) The right to information concerning behavioral problems, health history, educational status, cultural and family background, and other issues relative to the child which are known to the Department at the time the child is placed in foster care prior to the child's placement with a foster parent or parents. When the Department knows such information after placement, the Department shall make that information available to the foster parent as soon as practicable. 5 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (h) The right to an explanation of the plan concerning the placement of a child in the foster parent's home. For emergency placements where time does not allow prior preparation of the explanation, the Department shall provide such explanation within seventy-two (72) hours. Prior to placement, the Department shall allow the foster parent to review information concerning the child, including, but not limited to, assessments, evaluations, and case plans, and allow the foster parent to assist in determining ifthe child would be a proper placement for the prospective foster family. For emergency placements where time does not allow prior review of the information, the Department shall provide the information within seventy-two (72) hours of placement. Confidential information shall be kept confidential by the foster parents. (i) The right to a BOSSA staff member representing the Department on call twenty-four (24) hours a day, seven (7) days a week, for the purpose of aiding the foster parent in receiving departmental assistance. (j) The right to foster care maintenance payments, subject to the availability of funds. (k) The right to accept or refuse placement within their home, or to request the removal of a child from their home for good cause without threat of reprisal for acting on such good cause. (l) The right to information of scheduled meetings and appointments concerning the foster child and permission for the foster parent to actively participate in and provide input in the case planning and decision-making process regarding the child in foster care, including, but not limited to, individual service planning meetings, 6 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 foster care reviews, individual educational planning meetings, and medical appointments. (m) The right to notice and an opportunity to be heard, including timely information concerning all court hearings. The notification shall be made upon receipt of this information by the Department. Although not a party to the case, the foster parent may attend court hearings at the discretion of the judge. (n) The right to communicate with professionals who work with the foster child, including, but not limited to, therapists, physicians, and teachers who work directly with the child. (o) The right to communicate with the child's birth family, other foster parents of the child, and prospective and finalized adoptive parents of the child with case worker approval and facilitation, and without the threat of reprisal. (p) The right to necessary information on an ongoing basis which is relevant to the care of the child, including timely information on changes in the case plan or termination of the placement and reasons for the changes or termination of placement to the foster parent, except in the instances of immediate response of child protective service. (q) The right to priority consideration as the resource for a child in a foster parent's home who becomes free for adoption or another planned permanent living arrangement if the child was in the home for at least twelve (12) months. (r) The right to a period of respite upon the request of a foster parent. The foster parent shall provide reasonable notice of a request for respite. (s) The right to be provided a fair and timely investigation of complaints concerning the operation of a foster home. 7 Doc. No. 38GL-25-1066.* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (t) The right to an explanation of a corrective action plan or policy violation relating to foster parents. (u) The right to copies of all information relative to their family and services contained in the personal foster home record. (v) The right to mediation procedures that may be developed and adopted by the Department. The foster parent may request mediation in accordance with any mediation policy adopted by the Department without threat of reprisal. (w) The right to receive an evaluation on the foster parent's performance based on licensing standards. (x) The right to be apprised of information, laws, and guidelines on the obligations, responsibilities, and opportunities of foster parenting and to be kept informed of any changes in laws, policies, and procedures regarding foster parenting by BOSSA in a timely manner and at least annually. (y) The right to have a copy of the Foster Parents' Bill of Rights listed in this Section." Section 4. Effective Date. This Act shall take effect immediately upon enactment. Section 5. Severability. Ifany provision of this Act or its application to any person or circumstance is found to be invalid or inorganic, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. 8 Doc. No. 38GL-25-1066.*