This page is intended to provide some basic resources on the role of Guardian ad litem. Listed on this page are the current rules and laws/ statutes as well as bills which have been proposed (some of which became laws and or amendments).
The Rules and Standards: Please note that while the Judaical Branch has these published it does not mean that the courts, Judges or Guardians ad litem adhere to them. The experience of others is that they are used when it benefits any of those listed. Rules and Standards are not laws and so Judges do not have to follow them.
Maine Guardian ad litem - Rules (Sept 1, 2015 enacted)
Maine Guardian ad litem - Amended Rules (October 1, 2016)
Maine Guardian ad litem - Rules
Maine Guardian ad litem - Standards
Statutes: While there are many statutes that can be used the ones listed here appear to be the ones used most in cases. Provided is a link to the overall page and then listed are those pages that specifically mention the role of Guardian ad litem.
Title 22, Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Legislation that has been proposed regarding the role of Guardian ad litem. 1985 is the first record that can be found. It is interesting to note that since 2000 though there has been a total of 18 bills with 8 of those since 2013. Also it should be noted that in 2001 the bill for immunity was recommended ONTP - but in 2004 immunity was added to the role of Guardian ad litem.
Bills:
2017
128th Maine Legislature
LD 063 HP 050 An Act To Ensure Complete Investigations by Guardians Ad Litem
LD 123 HP 091 An Act To Recodify and Revise the Maine Probate Code
LD 363 HP 269 An Act To Make a Child Living with a Custodial Relative Caregiver Eligible for State-paid Legal Services
LD 429 HP 309 An Act Concerning Guardians Ad Litem and Determinations Regarding the Best Interest of a Child in Custodial Relative Caregiver Cases
LD 457 HP 324 An Act To Repeal the Sunset Date on the Children's Guardians Ad Litem Law
2015
127th Maine Legislature
LD 346 SP 129 An Act To Require Shared Parenting of Minor Children When the Parents Separate
LD 349 SP 132 An Act To Ensure Accountability of Guardians Ad Litem
LD 631 SP 224 An Act To Move Oversight of Guardians Ad Litem to the Department of Professional and Financial Regulation
LD 642 SP 235 An Act To Amend the Laws Regarding the Best Interest of the Child Standard
LD 953 HP 656 An Act To Implement Changes in the Family Division To Improve the Experience of Prose Litigants
2013
126th Maine Legislature
HP 7 Joint Order, To Require the Joint Standing Committee on Health and Human Services To Examine Guardian Ad Litem Certification
SP 551 Joint Order Directing the Joint Standing Committee on Judiciary To Report Out a Bill To Address the Issues Pertaining to Guardians Ad Litem
LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws
LD 551, HP 370 An Act To Establish Certification Standards for Guardians Ad Litem
LD 872, SP 297 An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine
LD 975, HP 689 An Act To Ensure Accountability of Guardians Ad Litem and Parenting Coordinators
2009
124th Maine Legislature
LD 689, SP 264 An Act Regarding Guardians Ad Litem
2007
123rd Maine Legislature
LD 279, SP 94 An Act To Improve the Responsiveness of Guardians Ad Litem
LD 1388, HP 980 An Act To Prohibit Attorneys from Litigating Child Custody Cases in the Same District in Which They Serve as Guardians Ad Litem
2005
122nd Maine Legislature
LD 894, SP 302 An Act To Require Guardians ad Litem To Receive Counseling Training
LD 1063, SP 380 An Act To Improve the Guardian ad Litem System
2001
120th Maine Legislature
LD 164, HP 153 An Act to Provide Immunity for Guardians Ad Litem
LD 724, HP 569 An Act to Implement the Recommendations of the Courts' Guardian ad Litem Committee
1999
119th Maine Legislature
LD 908, SP 306 An Act to Create Standards for Guardians Ad Litem in Certain Domestic Relations Matters
LD 1213, HP 856 An Act Regarding the Effective Date of Guardian Ad Litem Training
1997
118th Maine Legislature
LD 144, HP 120 An Act Regarding the Duties of Guardian Ad Litem
LD 494, SP 165 An Act to Change the Time for Appointment of a Visitor or Guardian Ad Litem after Appointment of a Temporary Conservator or Guardian
1994
116th Maine Legislature
LD 1860, SP 680 An Act to Amend the Law Pertaining to the Appointment of a Guardian Ad Litem in Contested Proceedings
1991
115th Maine Legislature
LD 317, HP 226 An Act Concerning the Role of Guardians Ad Litem and Other Children's Advocates
LD 1793, HP 1229 An Act to Ensure Notification of Guardians Ad Litem of Changes in Foster Care Placement of Children
LD 1875, SP 704 An Act to Clarify the Role of Guardians Ad Litem and Visitors in Guardianship and Conservatorship Cases
1988
113th Maine Legislature
LD 611 HP 456 An Act Relative to Guardian Ad Litem Appointments in Adoption Proceedings
LD 820, HP 602 An Act to Eliminate Ad Damnun Clause in Cases Involving Unliquidated Damages
1985
112th Maine Legislature
LD 498, SP 180 AN ACT RELATING TO THE GUARDIAN AD LITEM IN PROCEEDINGS UNDER THE CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
The Rules and Standards: Please note that while the Judaical Branch has these published it does not mean that the courts, Judges or Guardians ad litem adhere to them. The experience of others is that they are used when it benefits any of those listed. Rules and Standards are not laws and so Judges do not have to follow them.
Maine Guardian ad litem - Rules (Sept 1, 2015 enacted)
Maine Guardian ad litem - Amended Rules (October 1, 2016)
Maine Guardian ad litem - Rules
Maine Guardian ad litem - Standards
Statutes: While there are many statutes that can be used the ones listed here appear to be the ones used most in cases. Provided is a link to the overall page and then listed are those pages that specifically mention the role of Guardian ad litem.
Title 22, Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Legislation that has been proposed regarding the role of Guardian ad litem. 1985 is the first record that can be found. It is interesting to note that since 2000 though there has been a total of 18 bills with 8 of those since 2013. Also it should be noted that in 2001 the bill for immunity was recommended ONTP - but in 2004 immunity was added to the role of Guardian ad litem.
Bills:
2017
128th Maine Legislature
LD 063 HP 050 An Act To Ensure Complete Investigations by Guardians Ad Litem
LD 123 HP 091 An Act To Recodify and Revise the Maine Probate Code
LD 363 HP 269 An Act To Make a Child Living with a Custodial Relative Caregiver Eligible for State-paid Legal Services
LD 429 HP 309 An Act Concerning Guardians Ad Litem and Determinations Regarding the Best Interest of a Child in Custodial Relative Caregiver Cases
LD 457 HP 324 An Act To Repeal the Sunset Date on the Children's Guardians Ad Litem Law
2015
127th Maine Legislature
LD 346 SP 129 An Act To Require Shared Parenting of Minor Children When the Parents Separate
LD 349 SP 132 An Act To Ensure Accountability of Guardians Ad Litem
LD 631 SP 224 An Act To Move Oversight of Guardians Ad Litem to the Department of Professional and Financial Regulation
LD 642 SP 235 An Act To Amend the Laws Regarding the Best Interest of the Child Standard
LD 953 HP 656 An Act To Implement Changes in the Family Division To Improve the Experience of Prose Litigants
2013
126th Maine Legislature
HP 7 Joint Order, To Require the Joint Standing Committee on Health and Human Services To Examine Guardian Ad Litem Certification
SP 551 Joint Order Directing the Joint Standing Committee on Judiciary To Report Out a Bill To Address the Issues Pertaining to Guardians Ad Litem
LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws
LD 551, HP 370 An Act To Establish Certification Standards for Guardians Ad Litem
LD 872, SP 297 An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine
LD 975, HP 689 An Act To Ensure Accountability of Guardians Ad Litem and Parenting Coordinators
2009
124th Maine Legislature
LD 689, SP 264 An Act Regarding Guardians Ad Litem
2007
123rd Maine Legislature
LD 279, SP 94 An Act To Improve the Responsiveness of Guardians Ad Litem
LD 1388, HP 980 An Act To Prohibit Attorneys from Litigating Child Custody Cases in the Same District in Which They Serve as Guardians Ad Litem
2005
122nd Maine Legislature
LD 894, SP 302 An Act To Require Guardians ad Litem To Receive Counseling Training
LD 1063, SP 380 An Act To Improve the Guardian ad Litem System
2001
120th Maine Legislature
LD 164, HP 153 An Act to Provide Immunity for Guardians Ad Litem
LD 724, HP 569 An Act to Implement the Recommendations of the Courts' Guardian ad Litem Committee
1999
119th Maine Legislature
LD 908, SP 306 An Act to Create Standards for Guardians Ad Litem in Certain Domestic Relations Matters
LD 1213, HP 856 An Act Regarding the Effective Date of Guardian Ad Litem Training
1997
118th Maine Legislature
LD 144, HP 120 An Act Regarding the Duties of Guardian Ad Litem
LD 494, SP 165 An Act to Change the Time for Appointment of a Visitor or Guardian Ad Litem after Appointment of a Temporary Conservator or Guardian
1994
116th Maine Legislature
LD 1860, SP 680 An Act to Amend the Law Pertaining to the Appointment of a Guardian Ad Litem in Contested Proceedings
1991
115th Maine Legislature
LD 317, HP 226 An Act Concerning the Role of Guardians Ad Litem and Other Children's Advocates
LD 1793, HP 1229 An Act to Ensure Notification of Guardians Ad Litem of Changes in Foster Care Placement of Children
LD 1875, SP 704 An Act to Clarify the Role of Guardians Ad Litem and Visitors in Guardianship and Conservatorship Cases
1988
113th Maine Legislature
LD 611 HP 456 An Act Relative to Guardian Ad Litem Appointments in Adoption Proceedings
LD 820, HP 602 An Act to Eliminate Ad Damnun Clause in Cases Involving Unliquidated Damages
1985
112th Maine Legislature
LD 498, SP 180 AN ACT RELATING TO THE GUARDIAN AD LITEM IN PROCEEDINGS UNDER THE CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
I would like to submit the testimony of the GAL appointed in my case.
ReplyDeleteI was represented by two maine attorneys, then fired them to access justice. pro se, i cross examined the GAL. His testimony, was mind blowing.....
Hi Jen -are you wanting to submit the testimony of the GAL to the committee or to MeGAL for future possible use?
DeleteIt also bears mentioning, that this GAL withdrew. At the hearing, before i cross examined him, i direct the question to the judge as to what capacity the GAL was testifying as; since the judge granted his withdrawl.... based on all of his evidence being hearsay....I didnt get an answer...i dont think...
ReplyDeleteWow - that is interesting. The GAL being allowed to withdraw. Usually that is an act of Congress. Not surprising the "judge" gave you no answer.
Delete