GAL reform and why LD 522 is bad for Maine and Maine's Children

March 28 the Judiciary Committee heard testimony from those that opposed and those that support LD522. I indicated that I do not support the bill.

This is a bill that was synthesized by the divorce industry and caters to those that work within the courts – lawyers, Guardians ad litem and Judges to name a few. It takes a legalistic approach to management, oversight and rules for Guardians ad litem. It is a bill that anyone who works within the court system can understand.

That is the downfall of LD522. If your constituency is strictly made up of people who are part of the divorce industry, Guardians ad litem and the Judiciary then this is their bill and yours. Otherwise I  would point out that those that opposed LD522 were made up exclusively of parents who have had to deal with the problems of the current system.

LD522 is about the best interest of the divorce industry – the complaint process for instance is complex, time consuming and costly. The cost associated with LD522 is almost $30,000 more than what has been suggested through LD872. There is no benefit to the parents that would go through this process and being subjected to this proposal. Your constituents deserve better – they deserve to be heard, they deserve to be on a level playing field, these parents deserve better than what LD522 is going to offer them.

I urge you to reject LD522 for your constituency – your real constituency – and do what is right by giving your blessing for LD 872. This bill is good for Maine. It is good for Maine families – but mostly it is good for the children of Maine.

Thank you

Paul Collins 



For more information contact us at MeGALalert@gmail.com of find us on Facebook.

Why lawyers love LD522 - Why it hurts Maine's Families and Children

On Thursday March 28th in testimony to the Judiciary Committee a number of people made excellent suggestions about controlling Guardian ad litem costs and fees.  Means testing, fee caps, regular bill reporting and ... oversight of billing by the management of the Judicial Branch would go a long way towards correcting the freewheeling ways of Guardians ad litem.  As we know, these ideas are fairly simple - and not rocket science.  Finance and many other Guardian ad litem issues should be fairly simple as no cost problems to fix.

The Judicial Branch faces a significant political problem.  Make that HUGE.  The political base, the support system, of the Judicial Branch is composed of the Legal Guild, lawyers, Guardians ad litem and Judges.  Asking - or demanding - that any part of this base take a smaller, financial cut in divorce cases  might be expected to result in a mass disaffection on the part of the Judicial Branch legal guild political base.  It might cost the Judicial Branch the political support of  the Legal Guild and the divorce industry.  It could result in profound alienation of this Guild base with political consequences for the Judicial Branch leadership. The Guardian ad litem reform movement threatens to disrupt the previous balance between Judicial Branch management and their affluent, powerful base - the divorce industry.

This Judicial Branch - lawyer political dynamic might explain the powerful, under the radar opposition to real people oriented Guardian ad litem reform.

The care and feeding of its lawyer base is one explanation about why the Judicial Branch always seems to defer to its "stakeholders", the divorce industry, lawyers and Guardians ad litem.  It may explain why the Judicial Branch allows its divorce industry "stakeholders" to dominate most of its planning committees for Guardian ad litem reform, such as the one from last Summer.  It leaves the Judicial Branch paralyzed in the present situation and may explain why it does nothing - or at best the bare minimum.  Pressure from the divorce industry not to change versus pressure from the "grass-roots" to change. The Judicial Branch is caught in a terrible bind.

The members of the divorce industry, including Guardians ad litem, make significant amounts of money off of divorcing couples.  It is a multi-million dollar industry.  Restrictions on the divorce industry of any kind could reduce their incomes. The current situation and its dynamics are in some ways similar to the robber barons of 19th century American history. 

LD 522 is nothing less than a license to steal and plunder.  It favors the legal Barons; not divorcing families and children.  It is a gift from the Judicial Branch to its lawyer base.  It allows the predatory wolves to keep their sheep's clothing!

It will require significant political pressure and moral pressure to overcome this resistance to change for the benefit of our Maine children and families.

For information on how to help stop LD522 from passing contact us at MeGALalertt@gmail.com or find up to date information on Facebook.

Day of Reckoning - March 28 2013 - for Guardian ad litem Reform

The following four bills will be open for testimony by the public on Thursday March 28 starting at 1 pm. This is an opportunity for our group to speak of the issues we have had to deal with concerning Guardians ad litem, the Judiciary and Divorce Industry. The three that would help parents and children are LD 551, 872 and 975. LD 522 is a bill from the Judiciary which would take control in house of Guardians ad litem. In almost 40 years they have not been able to correct problems that many in the Judiciary and divorce industry do not see. Should LD 522 pass it would mean that reform would be a dead issue at least for this session. What ever momentum we currently have would be lost. The fight will be harder. How many families and children have to be hurt before there is meaningful change? You will have an opportunity to stop that hurt and help others that are experiencing the horrors of a Guardian ad litem gone wrong. Your voice is needed. Please help

LD 522, SP 212,  An Act To Amend the Guardian Ad Litem Laws
Link to PDF of bill: LD 522, SP 212
Link to schedule


LD 551, HP 370, An Act To Establish Certification Standards for
Guardians Ad Litem
Link to PDF of bill: LD 551, HP 370
Link to schedule


LD 872, SP 297, An Act To Improve the Quality of Guardian ad Litem
Services for the Children and Families of Maine
Link to PDF of bill: LD 872, SP 297
Link to schedule


LD 975, HP 689, An Act To Ensure Accountability of Guardians Ad Litem
and Parenting Coordinators
Link to PDF of bill: LD 975, HP 689
Link to Schedule


For more information please contact us at MeGALalert@gmail.com or like us on Facebook for up to date information on Guardian ad litem reform. In addition please find below the email addresses of our representatives who are on the Judiciary Committee. Write to them and let them know how Guardian ad litem reform is important to you. How it is important to divorcing families. But.... mostly how important it is to our children who will continue to be harmed by the current process.

Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
senatorvalentino@gmail.com

John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
SenJohn.Tuttle@legislature.maine.gov

David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
SenDavid.Burns@legislature.maine.gov

Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov

Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov

Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov

Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov

Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov

Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov

Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov

Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov

Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
RepAnita.Peaveyhaskell@legislature.maine.gov

Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov

Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
 waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov

LD 522, SP 212: Will Optional Reporting Make things Better?

With the current standards and rules for Guardians ad litem one of the key parts is that the Guardian ad litem is required to file a report. A recommendation within 14 days of the final hearing.  In addition the Guardian ad litem is responsible for filing reports through out the custody process. For reference:

Standards 4 (4.1): The report shall be based on the Guardian's investigation and evaluation and provide reasons in support of these recommendations.

This item has been a part of the process since 1999 when the standards where last modified. Currently the proposed bill LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws is asking the Legislature to do away with this item. The wording in the summary section of the proposed bill is as follows:

"Current law requires a guardian ad litem appointed in a family matters case to submit a written report to the parties and the court. This bill requires a written report only if the court directs the guardian ad litem to file one."

In many cases the report that the parties get is the only source of information on what the Guardian ad litem has or is doing. The reports are a life line to the parent(s). By doing away with this item and making it an optional component of the Guardian ad litem responsibility - only benefits the Guardian ad litem. How does it benefit the child or more importantly the parents that are involved in this process?  It does not. One of the biggest problems divorcing families face is the lack of information that is provided to either or both parties. It is part of human nature to want to know what is happening on the other side.  To be prepared for the worse but hope for the best. Restricting the avenues of communication between the parties is a recipe for disaster and heightened conflict. This ends up feeding itself – limiting the information further and causing anger and mistrust of the other side and or Guardian ad litem. There is no good that will come out of this aspect of the proposed bill.

Please write to your Representatives and ask them to think about not taking away this one aspect  of a Guardian ad litem involvement that sheds some light on the process. This process is not about limiting what a parent needs to know. It is about making sure the parents involved are well informed. Make the report(s) an option will not improve the quality of the work a Guardian ad litem does. Contact us at MeGALalert@gmail.com for support and information about Guardian ad litem reform. For up to date information like us on Facebook.

Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
     senatorvalentino@gmail.com
 
John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
      SenJohn.Tuttle@legislature.maine.gov
 
David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
      SenDavid.Burns@legislature.maine.gov
 
Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
     cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov
 
Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
     kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov
 
Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
     dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov
 
Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
     matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov
 
Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
     smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov
 
Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
     Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov
 
Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
     jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov
 
Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
     mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov
 
Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
      RepAnita.Peaveyhaskell@legislature.maine.gov
 
Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
     repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov
 
Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
     waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov

Guardian ad litem reform - "You've come a long way Baby"

As they used to say in the old ad, “You’ve come a long way, Baby!”

We are one year old today - and growing. And... what a year it has been! We literally started at “ground zero”, and it has been a year of vast growth and learning for all of us.  We started, as did most of our associates, with a series of bizarre custody rulings in an individual divorce case.  We were perplexed, confused, hurting and utterly frustrated by the seemingly unique irrationality in play. “This can’t be really happening.”  “There is something so very wrong with this picture; are we doing something wrong?”  As we began connecting with others in the same boat, it slowly dawned on us that there must be some “rogue” Guardians ad litem in the system.  Our view of the problem expanded when we read the famous 2006 OPEGA report, and started to work with OPEGA on an audit request. It expanded further when we experienced unsuccessful political attempts to derail this audit request. Involvement with the Judicial Branch’s attempts to reform the system with a majority of “divorce industry” players, as “reformers” added further enlightenment. And... we began to conceptualize a very dysfunctional, inhuman Guardian ad litem system, an element of dysfunction in the larger family court system.

Our growth has been energized by the several blogs we’ve created. These, in turn, have been moved by and infused with the ideas and problems experienced by those associated with us. We have been a mutual instruction program about GALs, courts, the law and political action.  We have attracted ever growing notice in Maine, both new friends and those more wary of us. It is said only slightly joking that we are now required reading for GALs and MEGALI, their trade organization. We have also attracted notice and had very interesting “conversations” with a great many lawyers, legislators and “civilians” in other states and from a number of people in common law countries, all of which, like us, are struggling with much needed GAL reform. Our several blogs give us a voice, allow for sharing of ideas and are an important educational tool.

Our aim in creating and writing the blogs has been to support individuals, like us, who have been caught in an irrational divorce/custody process with powerful forces, Maine's Judicial Branch- especially its family courts - and the wealthy, powerful members of the divorce industry.  We try to educate those who have been (or are) consumers, who are trying to understand the apparently irrational aspects of these two forces, and we try to offer non-legal help, support, and encouragement, where we can. We are not attempting to debate directly with either courts or the divorce industry about their merits (or faults). We are an educational service (supportive sharing) for the victims, not for the victimizers.  While we can offer a general acknowledgment that there are some fair GALs, we would still maintain that they are players in a totalitarian system with many defects (as we will continue to note).  Choosing to be an integral part of this kind of dysfunctional, oppressive system always carries the potential to taint all of its players.  We are admirers of Vaclav Havel, the Czech  writer and dissident, who approached parallel problems with a spirit of simplicity and universal brotherhood, while speaking his mind at the same time.  May we do half as well, as Havel!

As we turn one year old, we thank all of our friends and also our opponents; both have helped us to learn and, from our learning, to share what we know. May our coming second year bring us all equal growth!



Please contact us at MeGALalert@gmail.com or like us on Facebook.

Almost 40 years with no Compliance System for Guardians ad litem

In 2006 OPEGA ( Office of Program Evaluation and Government Accountability ) produced a report highlighting some of the problems with the Guardian ad litem program in Maine. What OPEGA highlighted back in 2006 for Maine are issues that sadly can be seen in many states across the country.

One of the audit findings by OPEGA was that there is a lack of compliance, performance controls and evaluation systems. The Judicial Branch has not been competent when it comes to oversight or performance monitoring in the 30+ years prior to the report.  Six years later we find the Judicial Branch still without any quality controls in place to monitor and evaluate Guardians ad litem. There is no mechanism to identify GALs that are not complying with requirements or who are not involved in the lives of the child(ren). OPEGA also recommended the establishment of an independent oversight board that would ask for feedback on GAL performance. Being able to give feedback and having a place where this feedback, good or bad, is available for consumers would help in the matter of oversight and management. An Angie’s list of sorts would weed out under performing GALs or limit their business. Those that perform to standards would be rewarded for their ethics and behavior.

It was 30+ years before OPEGA investigated and reported on this issue. Six years later the situation has not changed except that there has been 6 more years of damage to Maine's families and children. How much longer will Maine's children have to wait for change to come? If we wait for the Judicial Branch to bring about change it may be another 40 years. Can we wait that long?

If you want to read a summarized copy of the 2006 OPRGA report click here.


A copy of the report done in 2012 – the Power of the Powerless which covers many of the same issues can be found here.


If you are or know someone who has had issues with a Guardian ad litem please contact us for support at MeGALalert@gmail.com. We can also be found on Facebook.

Maine's Malfunctioning Guardian ad litem (GAL) program

In 2006 OPEGA (Office of Program Evaluation and Government Accountability) did a report on the Guardian ad litem (GAL) system for the state. This came over 30 years after GALs were created as mandated by the Federal Government. From that investigation that was completed six years ago came 11 recommendations to help fix the problems that had been festering for so long. As was pointed out in the last post – none – of these recommendations have been acted upon.

One out of the 11 issues that OPEGA found with the Guardian ad litem program is addressed:

1. OPEGA found back in 2006 that GAL services were not being managed as a program with a focus on the quality and effectiveness of service delivery.

When OPEGA made the recommendations back in 2006 the Judicial Branch agreed to convene a task force to evaluate what OPEGA advised. October 2007 The Judicial Branch was to put forth its recommendations and how it was going to fix the problem. Five years later nothing has happened with the Guardian ad litem program and the issues that confront this very broken system. In 2008 Toby Hollander President of the Maine Guardian ad Litem Institute (the trade organization for Guardians ad litem – also known as MEGALI ) basically reiterates what OPEGA had indicated was wrong in his “Proposal to Create a Guardian ad Litem Commission and Office of the Child's Advocate”.

In this proposal that Mr Hollander echoed the OPEGA report in that the weakness of oversight of Guardians ad litem was a major concern. Mr Hollander is quoted as stating “There is no ongoing supervision of Guardians. There is no effort to evaluate the quality or efficiency of their work.” One would think that in 2012 four years after his proposal that there would be more support from the Guardians ad litem that MEGALI fights for in the recent committee investigations in Guardian ad litem oversight and management. It should come as no surprise though that MEGALI and the Judicial Branch have walked lockstep perusing no change despite recognition that change is needed.

Since May 2012 we are aware of over 40 people, 40 families who have been hurt by these organizations. How many others during the prior six years or the 30 plus years before that have been harmed because the Judicial Branch and more recently MEGALI have chosen to turn away and do nothing to fix a problem – a problem that continues to fester?

If you have had issues with a Guardian ad litem or know someone who has. Please contact us for support at MeGALalert@gmail.com or like us on Facebook

A Proposal for Guardian ad litem reform from the Executive Branch of Maine Government

As citizens of Maine, we challenge the Judiciary and their political base, the divorce industry: Is there a single current report or any data whatsoever that shows where Guardians ad litem have had a positive influence on children and their parents? The Judiciary and the divorce industry repeatedly claim that there is no problem with the present GAL situation and their bland denial of a problem is not sufficient when the well being of our Maine children and families are at stake. If there is no problem as this group would have us believe then why is there such overwhelming evidence that contradicts their claim. Do a search on Guardian ad litem reform or problems and the searcher is faced with a mountain of information and reasons why there are problems.

These problems run the gamut from punitively high costs, to non-existant management and control to cases where the Guardian ad litem is blind to child endangerment. Least we not forget - the Guardian ad litem program is a state sponsored, state created and state perpetuated program which lacks any form of management as other state programs have. The Judiciary is a tax funded state agency. Is this lack of oversight in the "childs best interest"?

Maine produced an incredibly thoughtful report back in 2006 done by OPEGA (Office of Program Evaluation and Government Accountability). It is a report that highlighted many issues with title 22 (Children's Protective) cases. We feel, from our experience, that the issues brought to light are also directly relevant to all cases involving  GALs and are not just specific to title 22. The selection, training and functions of GALs are identical no matter what their work focus. The Rules and Regulations that are supposed to govern them are identical, and the complaint procedure, whatever it may be, is identical.

The 2006 OPEGA Audit on Guardian ad litem performance was the first and only Guardian ad litem functional evaluation in over thirty years. OPEGA made 11 sensible recommendations on how the Guardian ad litem program could be made more accountable. In brief the program suffered from a lack of any standard recognizable form of program management. In the six years since – none of the recommendations have been implemented by the Judicial branch here in Maine.

This should come as no surprise as the Judicial Branch has no management tools for oversight. In addition, they have to walk carefully to avoid offending their political base in the divorce industry, an array of powerful lawyers, Guardians ad litem, and others who make a rich living from divorce. They have dragged their feet on a problem that they are encouraged by their base to view as coming from just a few people. The Judicial branch and divorce industry have repeatedly pointed out that  there are only on average 13-14 complaints a year and that one or two result in any kind of action. 

These threadbare numbers need to be put into context. Why are they so low? Does the Judicial Branch make it easy for consumers with legitimate issues to complain? Do they use complaints as a management information tool to correct Guardian ad litem practitioners, or to improve the program? We have followed some of these complaints, and the problems with the complaint process are obvious. No criteria for making a complaint, no instructions, no feed back and no opportunity to rebut a Guardian ad litem's denial. These figures have no weight at all. The Judicial Branch runs an undemocratic, unregulated, authoritarian system that is at pains to cater to the divorce industry. We can realistically expect no change in this 'modus operandi'. The Judiciary and divorce industry are unlikely to self-regulate in ways that will correct the problems and serve the public and our children.  

The committee currently working with members of the divorce industry will make change - a word here and a word there. The changes being worked on by the industry and Judicial Branch will do nothing more than reinforce the status quo. Meanwhile the life-style of the divorce industry will continue riding upon the backs of consumers who must mortgage their homes, increase their indebtedness and worry about the future education of their children. Maine Guardian ad litem Alert has been made aware of over 40 reasonable complaints that stem from improper management of Guardians ad litem. This since May of 2012. It is interesting to note that 8 of these complaints  are against just 2 Guardians ad litem. There is a problem here and it is not limited to "just a few unhappy people" as one prominent Senator pointed out back in January 2012.

We encourage you to check out what OPEGA recommended back in 2006. The OPEGA recommendations need to be implemented, the entire Guardian ad litem program needs to be moved to the Administrative Branch (as other states have done) where there can be real program management.


2006 OPEGA – GAL Final Report

2006 OPEGA – Executive Summary

2006 OPEGA – Annual Report pages 19-20 extracted

2012 The Power of the Powerless


If you or someone you know has had issues with a Guardian ad litem we ask that you contact us at MeGALalert@gmail.com

Guardians ad litem have a minimal of training to make life altering decisions

Is 16 hours of CORE training enough to make altering changes?

There are professions that have a profound impact on our lives. These people who can make life or death decisions or determine the outcome of a legal battle have in some cases years of training.

A doctor for instance goes through medical school which is an additional 4 years of education above college. Then depending on the branch of medicine another 2 to 5 years of residency before anyone can practice their profession. A lawyer is similar with 3 – 4 years of education after college. To become a Judge is an additional 7 years beyond law school.

To become an electrician, Plumber or a Lobsterman requires years of apprenticeship and thousands of hours of on the job training. These are just a few jobs where the path to that profession requires in some cases years of experience and training. Each level of training builds on the previous training.

A Guardian ad litem is a person that when introduced into a divorce/ custody battle can and does have a profound impact on a persons life. To become a Guardian ad litem one has to have a background as lawyer or social worker – yet unlike other professions the training a Guardian ad litem receives does not build on the previous education they may have. In fact Guardians ad litem do not use their previous background when working as a Guardian ad litem – or at least that is how it is supposed to work in theory. Guardians ad litem on average across the country have training from a low of 16 hours (Maine) to a high of 50 hours. This falls short of the thousands of hours that a Doctor, Plumber, Electrician or Lawyer have to go through. These professions can and do have a profound impact on a persons life and they are held accountable. Would you want a doctor to operate on you if you knew he had only 16 hours of training? Or how about a plumber without any apprenticeship?  The answer is no. Guardians ad litem though have a minimal of CORE training before they get to make life altering decisions on you and your family. If you push back you run the risk of the Guardian ad litem forcing you to take anger management or parental counseling for example. 16 hours, 50 hours or even 100 hours does not give you the educational background to make these kinds of life impacting decisions. Guardians ad litem are only para professionals with little or no background but lots of influence over your life.

If you have had issues with Guardians ad litem please contact us at MeGALalert@gmail.com.

The Judicial Branch says, "No Problem" with Guardians ad litem. We say ...

    It may seem unusual to post a letter of resignation, but this letter has already received wide circulation by the Judicial Branch, so we felt the public should see it too.


Chief Justice Leigh Saufley
Maine Supreme Court

Dear Chief Justice Saufley,

    It is with regret that I am submitting my resignation from the Judicial Branch Committee reviewing the Rules and Regulations for Guardians ad litem.  I had initially hoped that, my experience in hearing from many who have been affected by malfunctioning Guardians ad litem, and also from my contacts with many in Maine government (and elsewhere) that I might be able to add a meaningful perspective to the problems facing  the committee. At this point, after participating quite actively in some very pleasant discussions of two Judicial Branch committees addressing Guardian ad litem reform, I feel that I am such a micro minority that my input in the final analysis is perceived as essentially irrelevant, or even unintentionally insulting to the Guardians ad litem and those who support them.

    The problem that I experienced is that the 20 people in the first committee - largely representatives of the “divorce industry”- and the 12 or so in the second, quite honestly and sincerely do not see a problem with the Guardian ad litem program as it stands. They see no problem with the complaint process either.  It poses something of a problem -solving paradox: 19/20 and 11/12 see no problem yet they are the dominant participants in a process allegedly aiming to make things better. The unasked question is: better for whom - for he public or for the “divorce industry”?  It is difficult to correct a problem, if the majority on a committee genuinely don’t believe there is a problem. The oft quoted, “only two complaints in two years”, seems to be the rationalization for this belief. For many discerning people, these numbers (and the structure behind them) hardly tell a very convincing story, but, as you know, sadly, there are no other numbers. So absent your statistics and other data, absent a belief that there is a Guardian ad litem problem, I am a voice crying in the wilderness, and the sole dissenter in every attempt at consensus.

    The only answer that I know of to this particular conundrum is outside consultation from a reputable consulting organization that will look at the big picture, including rapidly growing consumer dissent. The public needs to be included. Such consultants should recommend a design that fits Maine’s children and families, one that addresses some of the issues noted below.

    Our experience with a growing number of Maine families, has convinced us that there is a malfunctioning GAL program from a human perspective. It tells us that there are lots of as yet uncounted statistics out there. But you have to have modern IT methodologies to gather the numbers, you have to listen to those who are the living statistics and basically, you have to want to know. And its the complete absence of quality assurance, the absence of consumer protection (and the attitudes that go with each of these) that many find so troubling.

    The problems that we would address to a consultant are: the absence of a standard job description for a Guardian ad litem, the need for Rules and Regulations that guide the functions of the job description, training that under girds both the job description and the rules and regulations and that reflects the difference between the differing knowledge, skill and experience of GALs from vastly differing backgrounds, the need for a ‘practicum’, or internship, for GALs, so that they are not using the public as experiential guinea pigs as they gain practical experience. The need for oversight of a program with a vast impact on Maine’s children and families. These issues all speak to the need for adequate up-to-date data for a system of program management. It can be done; other states do it.

    It can’t be accomplished by those who see “no problem”.

    All of these management items need grounding in the experience of actual, real life, service users. You need a board of consumers to participate in every aspect of design to keep it from being out of touch with exclusively top down views. It will be useful in educating the “divorce industry” professionals that there is a problem, when there is a problem. And, frankly, the problem right now is destined to get bigger until it is acknowledged as a problem and those affected by the problem are involved.

    In addition to the problems of defining and building GAL identity briefly noted above, there are serious issues relating to process. Is statutory immunity for GALs in the public interest? What substitute does the public have if they are denied the ability to pursue claims of harm to themselves or their children from a GAL? Isn’t “quasi judicial immunity” one of several provisions that undermine accountability of GALs and that protect incompetent practitioners? Then there is the very troubling issue of ‘ex parte’ communications between GAL and judge, which in their permitted secret form allow for a “Star Chamber process”, a trial apart form the main trial that corrupts any pretense of due process.  ‘Ex parte’ makes the GAL into a court informer, paid by those against whom he/she is informing. It uses information obtained in interviews with parties in ways that indirectly cause them to testify against themselves. It urgently needs recognition as a problem and it needs correction. The Rules and Regulations for GALs governing confidentiality are currently so broad as to be meaningless. There is no profession in America that is as permissively unregulated of privileged and other sensitive client information. GALs have no functional restrictions governing confidentiality the way rules are currently written.

    All of the above are clearly “not a problem” for GALs or others who work in the “divorce industry” but I can assure you they are a huge problem for the public that is forced to pay for them!  Understandably, the above issues are  threatening to those who work in the “divorce industry”. They strike at the core of their profession and their income, but there are devastating numbers on the other side of the equation. Fees that impoverish families that cause bankruptcy, that cause the loss of a home, that impair the future education of children- these are a part of the heartbreak in the GAL experience. There is also the use of the court’s most brutal techniques for GAL bill - collecting that may be legal, but it is no less repulsive for being legal.

    To solve these problems with 19/20 participants or 11/12 who don’t see a problem, is a request for self-regulation with no impetus (or expectation?) for self-change. As a minority of one, I cannot be that much needed impetus for change. I can be much more effective in working for GAL reform outside of these committees, and can do so, very actively, once free of the current committee obligations without feeling compromised by two opposing commitments.

    Many thanks for affording me a window on this process.

    Sincerely,

    Jerome A Collins, MD


If you have had issues with a Guardian ad litem please contact us at MeGALalert@gmail.com.

Maine Voices: Plan for complaints about guardians ad litem protects them, not kids

Portland Press Hearld

Since spring, there has been a growing grassroots movement in Maine, advocating that the judicial branch reform its guardian ad litem (GAL) program. None of this is new. There have been earlier, well done, state government reports that politely, but directly point out problems and call for program change.

Current guardian ad litem problems are not just "noise" from grassroots troublemakers. There is substantial noise from within the government itself. Guardian ad litem problems urgently demand reform.

Full story: Portland Press Hearld

Guardian ad litem Job description

A job description is like the foundation of a house. If you have a good and well built foundation the house that sits upon it will also be strong with few problems. If you have a poor foundation (or none), your house will, shift and shake, lack stability and have a lot of problems. Job descriptions are used almost universally throughout business, industry, government and elsewhere to put boundaries on a job, to describe roles and responsibilities, to give lines of authority and accountability. They are a key management tool. In normal oversight, managers ask, "Are you following your job description? You need to improve this or that part of your job description."

Maine's Judicial Branch is currently attempting to tackle the issue of Guardian ad litem reform. A  committee has proposed a complex new procedure for complaints about Guardians ad litem; another committee is currently addressing the issue of Rules and Regulations for Guardians ad litem. But ... er, folks, excuse me, there is no job description for Guardians ad litem. We have before us a collection of a new complaint procedure and new Rules and Regulations - both in search of a job description. There is no formal description of a Guardians ad litem job to which the Rules and Regulations can be tailored. No roles and functions, no lines of authority, no lines of accountability that are universally a part of a regular job description. There is also the matter of training of Guardians ad litem. In most settings in business, industry and government, the job description is the template, or basis, for job training and education. Training flows from the job pattern and re-enforces the job's roles and functions.

Great work, everyone. Now we just have to find a job that all this stuff will fit! It's doing things backwards.

No job description explains the current Guardian ad litem training design. It presumes a base of knowledge for which there is no evidence and adds a smidgen (16 hours) of social work and lawyer. Lawyers and Mental health or Social Workers have very different bases of knowledge, skill and experience. As one educator told us; education of Guardians ad litem is one root of the current Guardian ad litem problem. The "tap root" is no job description. Without a job description, it leaves the Guardian ad litem in the position of being all things to all people.

The problem is that, while fixing the Rules and Regulations may make the house look clean and polished, these Rules and Regulations have no job description as a grounded  foundation. The foundation is missing. In most settings Rules and Regulations would normally provide direction about how to play out the content of the job description. They elaborate on where the boundaries are located, and rules imply a problem when boundaries are crossed or ignored. They can be specific items reviewed in supervision and in internal organizational corrective action or in external complaints. But in the JB system, there is no supervision of Guardians ad litem, which leaves Rules and Regulations as a sort of disconnected, pious hope. An amorphous, very ambiguous claim of Guardians ad litem working in "the best interest of the child" – something that every parent is also doing – is not a substitute for an actual job description. There is no formal statement that defines who or what a Guardian ad litem is or does, their lines of accountability, their roles and functions.

A reliance on "works in the best interest of the child" as a job description accords the Guardian ad litem a magic mantle of omnipotence and omniscience that no other job in America holds, a sort of high priest/priestess accountable only to God, and the appointing court. Maine is faced with a huge problem with the Guardian ad litem system that starts with these questions: what are Guardians ad litem, what do they do, how are they trained, who has oversight of them, how is this exercised? A final very important question: are children and families safe as a result of their actions? And (this afterthought) why is everyone paying megabucks for this service?

Simply reviewing and rewriting Rules and Regulations for Guardians ad litem with no job description, does begin to address the core of the problem – just what is a Guardian ad litem?


Please let us know at MeGALalert@gmail.com what you think is wrong with the Guardian ad litem system.

Will this really be good for the Consumer?

Making an official complaint about the Guardian ad litem who has worked with you and your family is a daunting process. It forces you to deal with the Judicial Branch of our state government, which is an unfamiliar organization and an unfamiliar activity for most people.  You have to guess what they will agree is a valid complaint. At the moment, unlike the state of NH, our Judicial Branch gives no instruction about how to. The current complaint process simply says, if you believe that a Guardian ad litem has not acted in the “best interests” of your child, you may make a complaint to the Chief Judge of the District Courts. It has been a most frustrating process for most grassroots consumers. The answer from this process seems to be inevitable: dismissal - without reasons given or without a chance to participate in the investigation or rebut the Guardian ad litem’s defense.

But ... in response to public pressure, the Judicial Branch has just finished drafting  a “new" complaint process concerning Guardians ad litem. In our view, it is NOT an improvement over the old procedure.  Unless... you are planning to go to law school for instructions in how to use this new complaint procedure by yourself. It was designed in 3, 2 hour meetings by a committee of 20 persons, all but one are called,“stake holders”, read: members of the divorce industry; District court judges, family law lawyers, and Guardians ad litem. Given their special interests, they did a terrific job of “bullet proofing” Guardians ad litem from public complaints.  

The Judicial Branch has settled on a process that is not consumer friendly, but it is very Guardian ad litem friendly. Its fancy legalistics make the current process look like a primitive bow and arrow approach.  It has been endorsed by 19 of the 20 Judicial Branch Committee members (one public member dissented in a “minority” report). It now goes to the Judiciary Committee of the Legislature for approval. We sincerely hope that it isn’t approved.

The basic structure of what is being proposed adds several layers of complexity and will take considerable time to complete. It will be administered by The Overseers of the Bar, which is under the Judicial Branch.  As we understand it, the steps one would have to go through would roughly follow:

1. File your complaint in writing (no instructions yet), and a staff lawyer on the Overseers of the Bar will review the complaint to decide whether or not it has merit, and you will be told why. If it is felt to be without merit, then the complaint would die here. If it is felt to have merit, then it goes to a panel, a committee, the majority of whom are Guardians ad litem.  Consumers are also on the panel buy in a minority position, and we don’t know how consumer is defined: friends of Guardians ad litem or consumers who will advocate for the public?
2. The first Panel - would review the complaint and conduct an investigation of the complaint. This process could take anywhere from one month to five or six. If the first Panel determines there is no merit to the complaint, it is rejected and the reason for rejection is sent to both the Guardian ad litem and complainer. If on the other hand the complaint is accepted, then it goes to the second Panel.
3. The second Panel - would review the complaint independently and conduct an investigation of the complaint. This process could take anywhere from one to (unknown) months. If the second Committee determines there is no merit to the complaint, it is rejected (dismissed). If on the other hand the complaint is accepted then it goes to what would amount to as a mini trial.
4. The Mini Trial - Both sides would come together to plead their case. You as the person who filed the complaint would have to prove that the Guardian ad litem had abused his/ her position/ role. The Guardian ad litem would have to prove nothing. The burden of proof is on the one complaining. If you were not able to prove your case the trial would end end the complaint would be dismissed.

In all fairness, we may have some of this legalistic tangle wrong. Our excuse is that we haven’t been to law school yet, but we’re considering it! Our own difficulty in understanding this process, as informed consumers makes the point that it is indeed confusing. As a consumer - would you feel comfortable when faced with such a daunting labyrinthine task as we understand it?

The Judicial Branch, in proposing this complex, lengthy  process, is saying to the public that they want nothing to do with oversight. That the responsibility falls squarely on the shoulders of the consumer to determine quality of their officers of the court. Can you prove we have a defective officer of the Court to two Panels of other Officers of the Court?  It is a tough assignment!  Can anybody do it?

As the consumer filing this complaint you quite possible will want to hire a lawyer. That will cost you the time and expense. An additional detail:  the Judicial Branch is asking to TAX every divorcing couple $100 to cover the cost of this extremely user-unfriendly process. Imagine the next time you go to a store and purchase something and being told that you are going to be charged extra - to cover the cost of any potential complaint you may have. The consumer who has little or no experience with this type of system that is being proposed will probably back off of the complaint because of the daunting process before him/ her. Is it any wonder that there have been only 2 complaints a year? This is a good way to make sure there are no complaints.

We urge consumers to ask their legislators to fight this Judicial Branch proposal. We urge consumers not to use it if it is approved. If you have had issues with a Guardian ad litem please contact us at MeGALalert@gmail.com.

The Maine Guardian ad Litem Institute and how it advocates for GAL bill collection

If you visit the Maine Guardian ad litem Institute web site and read their Mission Statement you will read about the noble cause that they have taken up for the child who finds him/ her self in the middle of a dispute between parents. The inference is about the compassion that they, as the Guardian ad litem trade organization, have for the child and the support that they give each other. It is in the Mission Statement that we see what Toby Hollander's Institute is all about. It is about the "compensation for those individuals serving as Guardian ad litem and providing mutual support and assistance on issues relating to the work of Guardians ad litem."

Currently, there is a case that was slated to be heard in the highest court, in which  we see the kind of support that the Guardian ad litem Institute gives to the rank and file. This case is about how the Institute advocates for the use of coercion by the courts to force a parent to pay for a Guardian ad litem services. That the Institute - in support of a particular Guardian ad litem - is  adding its voice in asking the court to have a parent thrown in jail, for non-payment of a GAL's bill. This seems to be one unappealing  interpretation of the Institute's Mission statement.  It is about Guardian ad litem compensation. In the end, it is not about what this court officer can do for the child. It is about what the court can do for this court officer - even if it means a parent is behind bars. One has to ask, how this kind of action is going to improve the welfare of a child? It makes one wonder about the bottom line; whose interest Maine's Guardians ad litem are really looking out for - theirs or the child?  And where are the courts when the public needs them?

It is planned actions like these that give the Maine Guardian ad litem a black eye. When they use the courts that they work in as "officers of the court" to be their "power bill collector" it may be legal, but it looks unfeeling. It looks like they are using their professional role connections for personal benefit. We feel that the Maine Guardian ad litem Institute has some serious public relations and identity problems. Do they want to be "part of the solution, or part of the problem?" Liens,  garnishing and jail for contempt don't cut it!

It you are having issues with a Guardian ad litem institute we encourage you to write to us. There are currently over 40 complaints about Guardians ad litem that we are aware of in the state of Maine.  The list continues to  grow. Is your Guardian ad litem part of this list? Please contact us at MeGALalert@gmail.com.

Are Guardians ad litem above the Rules and Standards?

Maine's Judiciary has Guardian ad litem Rules and Standards on their web site.  They state quite clearly that the Supreme Judicial Court “has adopted Rules and Standards of Practice for Guardians ad Litem in Title 19-A and Title 22 cases.” In other words the Guardians ad litem that they roster – or give their seal of approval to, must abide by these rules and standards. Or does it?

What is the reason for posting these Rules and Standards for the public?

1. They are posted to help the public understand how a Guardian ad litem is supposed to operate. They are the law in which they and the Judges that manage them must operate within.
2. They are posted to help the public understand the role of the Guardian ad litem. These Rules and Standards though are applied when convenient for the courts to use them. How and when they are used is kept from the consumer as they really do not understand this type of thing.
3. The Rules and Standards have been posted for the public’s benefit to give a warm and fuzzy feeling. The Rules and Standards in reality have no meaning and the court all but ignores what is written.

Although it is possible that of the three examples there have been instances where the first was actually applied – it is not known when that may have been the case. The second example like the first is non-existent. With the third example there are numerous instances that can be found dating back to 2003-04 (and possibly before) where Maine's Courts and Guardians ad litem have chosen to ignore the Rules and Standards. What does this mean to the consumer of this system that experiences a Guardian ad litem that operates outside of these rule and standards and you complain about him/ her? It means that the Judiciary has no interest in correcting the behavior of its own but will correct your behavior if you cause too much trouble.  Maine's Judiciary has ignored a problem that has been around for more than a decade. How many people have been hurt by the resistance to admit there is a very real problem? That is something that we are only now just beginning to see.  The current window dressing for oversight and accountability that we have seen is just that – Window Dressing – to satisfy the rank and file so that at the end of the day they – Maine's Judiciary, Judges and Guardians ad litem can path themselves on the back and say they did a great job helping out those poor consumers. Maine's Judiciary, Judges and Guardians ad litem are in need of a little reality and accountability.

If you or someone you know has been hurt in a divorce where a Guardian ad litem was involved please contact us at MeGALalert@gmail.com.





To view the current Rules and Standards published by Maine's Judiciary please follow these links:

Rules

Standards