Governor signs one bill for adoption agency licensing rules, vetoes the other
Gov. Lou Leon Guerrero has enacted one bill related to rules and regulations for licensing Guam adoption agencies while vetoing another.
Bill 206-36, introduced by Sen. Mary Torres, is now Public Law 36-68.
Meanwhile, Bill 179-36, introduced by Sen. Telo Taitague, did not gain the governor's approval.
Both bills shared the same general goal by mandating that adoption agencies or child placement agencies be licensed by the Department of Public Health and Social Services but differed in specific timelines.
Bill 179 would have required adoption agencies to be licensed by June 1, 2022. DPHSS is mandated to promulgate rules and regulations for licensure subject to the Administrative Adjudication Law.
Bill 206 grants DPHSS up to 180 days from enactment to develop and publish interim rules for the licensing and operation of child placement agencies, and describes what must be included as minimum standards. All child placement agencies must be licensed after the promulgation of these interim rules.
The measure also grants exemption from the AAA, given that at least one public hearing is held and that no rule will be effective until the Legislature acts on them through a bill. These interim rules will remain in effect for one year or until promulgation through the AAA, whichever is sooner. Bill 206 also appropriates $1,000 from Torres' office to DPHSS.
The governor stated that Bill 206 outlines several standards that DPHSS should include in their interim rules.
Combining this with the "reasonable drafting and implementation period" for the interim rules, as well as provisions allowing for public participation prior to implementation, Leon Guerrero stated, she was confident DPHSS would have the tools it needs to draft and implement urgent interim regulations under Bill 206.
Bills 206 and 179 were introduced after some contention earlier this year stemming from a pair of bills intended to streamline the adoption process and expand the Newborn Infant Safe Haven Act.
The major divide had been over the regulation of adoption agencies, such as Ohala' Adoptions, which is the first to operate on Guam.
The governor stated that Bill 179 also spoke to the urgency of implementing interim licensing rules for adoption agencies, but failed to accomplish its intent.
Leon Guerrero stated that Bill 179 does not require adoption agencies to be licensed until after the Administrative Adjudication Law process is complete, the day the interim rules expire. This allows adoption agencies to operate without a license even under the interim rules, until permanent rules are in place, according to the governor.
She also pointed to "odd and confusing language" in Bill 179, mainly the definition for adoption agency, which is a private, public, or non profit child placement entity "licensed by (DPHSS)" under the bill.
"As a result, under the sponsor's own language, the requirement of licensing is only for those agencies that are licensed. This means that if there are currently no licensed adoption agencies in Guam, none of them have to be licensed, due to this new definition," the governor stated.
Lastly, Leon Guerrero took issue with the language of intent in Bill 179, which quoted an editorial from a local medial organization that implied the child trafficking incidents that followed the 2010 earthquake in Haiti may happen in Guam without proper licensing.
"As it stands, anyone can open an adoption agency, that opens the door wide for fraud and abuse. What’s to keep the unscrupulous from taking advantage of the lack of regulations for adoption agencies. Following the Haiti earthquake in 2010, 47 children were adopted. It was discovered the children weren’t orphans, and those who ‘found’ them were child traffickers," Bill 179 quoted.
The governor called this inclusion misplaced and deceiving. The U.S. announced a humanitarian parole policy for Haiti following the earthquake, which bypassed usual screening requirements and increased the potential for child trafficking and abuse, Leon Guerrero stated.
The reference to this parole policy in the context of Bill 179's section on intent and factual findings is "an insult to the standards of legislative drafting," the governor stated.
"Candidly, this bill was not fit to progress in the legislative process."
Other bills enacted this week:
• Bill 205-36 now Public Law 36-37: Authorizes the Guam Ethics Commission to seek legal services.
• Bill 106-36 now Public Law 36-69: Includes police precincts under the list of exceptions where one cannot openly carry or conceal a firearm.
• Bill 182-36 now Public Law 36-70: Amends the sole-source procurement law.
• Bill 152-36 now Public Law 36-71: Closes inactive special fund accounts and repeals their enabling legislation.
• Bill 66-36 now Public Law 36-72: Modifies the sunset provision of the "Special Qualifying Certificate; 1,600 Hotel Rooms Development" program.
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