A Brief History of Guardian ad litem and Family Court Reform

INTRODUCTION: We offer this abbreviated time line to share where we’ve been, what we’ve studied and what we’ve learned about Maine (and other states) Family Court systems  in the last 4 years or so.  Our MeGALert goals have always been: (a) Education of ourselves and others about the Guardian ad litem (GAL)/family court systems problems and (b) Corrective legislation. Our education has come to us from hundreds of Maine family court cases, from contacts and work with all 3 branches of Maine government and from study, study, study! We are well-informed consumers of family court services in Maine!

Enclosed is a skeletal timeline of our GAL/Family court reform activities with the Legislative, Judicial and Executive Branches of Maine Government. It gives perspective, but it leaves out a lot of important content for brevity. For anyone who is interested, additional content can be supplied easily, if needed to "fill in the blanks".

01. 2011-10-28 - MeGALert (Dr Collins) made contacts with Beth Ashcroft, Director, OPEGA to discuss the troubling GAL experience and problems of numerous persons in Maine. She suggested that an option might be to request an audit of the GAL program. We were interested in the audit idea, but, because we were novices at it, OPEGA kindly provided assistance to us in completing forms for a GAL audit.

02. 2012-02-12 - We attended a Maine State House Meeting of the Government Oversight Committee to hear our GAL audit proposal. It was sponsored by Sen Nancy Sullivan and Beth Ashcroft (OPEGA) presented the details. The Committee voted to forward the audit request to the Judiciary Committee of the Legislature with a request for prompt action.

03. 2012-03-08 - Meeting of the Judiciary Committee of the Legislature. The Chief Justice and members of the Judiciary were invited to speak. The Chief Justice stunned many in the committee room, saying that there was no GAL supervision or oversight, but offered to work on this and return in September, 2012.

04. 2012-05-15 - MeGALert issues a full, formal Report on Maine GALs from consumer perspective. We titled it, "The Power of the Powerless", after the concept of Czech activist, Vaclav Havel. It covered 18 pages and reported numerous structural and design problems with the Maine GAL program. Our Report was circulated to members of the Judiciary, the Legislature, the Executive Branches of Government, the press, media, the public.

05. 2012-05-31 - Along with other associates, we participated in a Judicial Branch public hearing and testimony on Maine GALs, at  the courthouse, Portland. Many members of the public, lawyers and GALs testified during a long hearing.

06. 2012-07/08 - Judicial Branch established two work committees composed of divorce industry stake holders. It included ONE “public member”, Jerome A Collins, MD.  (a) One committee of 20 members endorsed a highly legalistic GAL complaint protocol that was very “consumer unfriendly”, whether the consumer were to be  ‘pro se’ or with legal support. Dr Collins did a written “minority report” opposing the proposal and wrote an “op ed” piece (like the minority report) in the Portland Press Herald. (b) The second committee was composed of 15 stake holders from the divorce industry and one public member, Dr Collins. Dr Collins resigned with a long written explanation that the public interests were minimized in a rush to accommodate the “divorce industry” on every possible “correction”. A deterrent fee of $100.00 to file a complaint about a GAL seemed very “unfriendly” to complainants and unprecedented in other systems of a similar nature.

07. 2012-12-07 - A planning Meeting was held at the State House: Rep Dennis Keschl, Beth Ashcroft (OPEGA), Michael Cianchette, esq (legal counsel to Gov), Larry Tardiff, and Jerome A Collins, MD to plan for submitting a GAL reform bill, along the lines recommended in the 2006 OPEGA Report on Maine GALs.  Sen David Dutremble later joined this committee, Sen Roger Katz and Mary Ann Lynch had been invited but were unable to attend.

08. 2013 Spring - LD 872 went through numerous debates, discussions, revisions and rewrites in the legislature from March 28th till June 25th, 2013 when it passed both the house and senate and the appropriations committee.

09. 2013-07-08 - Governor Paul R LePage signs LD 872 into law in the presence of numerous MeGALert members who had been victims of GAL malfunctioning. The Bill indicated that the Judicial Branch was to come up with a proposal for a GAL complaint protocol that was “user friendly”.

10. 2012-15 July/ Jan - We have been active in many areas. First and most important, we try to support  the numerous people who contact us with hair-raising, GAL/ family court/ ‘pro se’ problems. We put people in touch with others with similar problems. We offer educational information about ‘pro se’ and other family court perils. To the extent we are able as non-lawyers, we support appeals of family court judgments. We talk and advise people in other states who have heard about us and who want to copy our m.o. We write on our blogs and provide “news” on our Facebook page. We testify verbally and in writing on all Judicial Branch proposals affecting family courts and GALs. Though in all honesty, it is a tough organization, and we have to say that while they listen, we have not been terribly successful in getting consumer-oriented “reform”.

BUT... we are very informed; we have learned a lot in 4 years; we know most of the players; we know the problems “in depth”.

Our Family Court System is badly broken and it is harming the divorcing families and children who are forced to use it. Fixing this broken system will ,mean educating or representatives.

To find out how you can bring about change. Please contact us at MeGALalert@gmail.com or find us on Facebook.

Is this Child Endangerment or Just a Legal Formality?

On July 8, 2013 for the first time a bill was signed into law that attempts to control the actions of Guardians ad litem in the state. To control the Judicial abuse that many parents have to deal with as a result of a divorce and or custody in Maine. July 8, 2013 while Governor Paul LePage was signing that bill our Judiciary was displaying the sensitivity that it has come to be known for. A parent who has been battling the courts and his ex for prescribed medical treatment that his son is in need of had asked the courts to look at and address this issue. This was denied that day by the higher courts.

Can this be considered a form of Child Abuse? Is this why so often we find that Guardians ad litem do not report abuse to the courts?

This parent has the prospect of going to court to fight a system that is turning a blind eye to a problem. Better to push the problem off on someone else than deal with the problem now. Will the courts be held accountable if this child comes to harm as a result of this negligence?

Several years ago there was a case where the father of a child that hit a brick wall when trying to get answers from Maines department of Health and Human Services (DHHS). It was in many respects similar to this case. He was told that the acting mother did not have Maine Care insurance yet (this from both the acting mother, Guardian ad litem and the attorney for the mother). It was discovered on a visit to the doctors by the father that the acting mother had the insurance for her half brother - and had it for several months. In trying to secure a card for his son the father went to DHHS directly only to be told because of HIPPA regulations they (DHHS) could not talk with him about his son nor could the father request a card for his son. In fact DHHS could not even admit that the child was even in the system to the father. The acting mother was asked to give permission to DHHS so that DHHS could speak with the father - this was denied by the acting mother. The Guardian ad litem did nothing to help. The father's lawyer became involved only to be told the same thing. That the father of the child was not entitled to any information about his son that DHHS had on file unless the mother or acting mother gave permission for this to happen. In effect the father - was being prevented from caring for his son - yet was responsible for the medical care of his son. Information about his son was being kept from him by a system that essentially was saying that who ever got there first was in charge - this was admitted by several DHHS employees that the father talked with. In the end the father through his lawyer was able to secure a Maine Care Card that would allow him to at least take his son for treatment. Was this necessary?

One has to ask - how can a parent do what is right for their child(ren) if he/ she is prevented from doing so. If information or services are denied to a child for the mear reason of hurting the other parent. In the end the parent that is denying access (or at least making it hard to come by) is directly hurting his/ her child first and the other parent second. In the current case that is going on the courts have been put on notice that there is child neglect going on as the child is being denied his prescribed medical treatment. Court officers are mandatory child abuse and neglect reporters who must take action to protect the best interest of the child. While the higher court in this case appears not to want to steal the lower courts thunder - this parent approached the higher court because the lower courts were delaying any judgement. This parent has the prospect of waiting months before a judgement will be rendered. Meanwhile this parent's child will continue to go without treatment.

If you have conerns about a Guardian ad litem, Parental Coordinator or a Family Lawyer please contact us at MeGALalert@gmail.com or stay up to date at Facebook.


We also encourage you to take our survey on Guardian ad litem performance which can be found here: GAL Performance Survey.

LD872 An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine

Has passed and is waiting to be signed into law by Governor Paul LePage

For the first time in almost 40 years there is going to be some measure of oversight of Guardians ad litem in the state of Maine. Since the late 90's bills have been sponsored that have strengthened the hand of Guardians ad litem. This often came at the expense of families and ultimately the children these 'professionals' were helping. With no oversight, accountability or management Guardians ad litem have become free spirits and operated outside of the boundaries of their original role.

In 2013 with the help of Sen David Dutremble and Rep Lisa Villa - bills were sponsored that attempted to correct the imbalance that had taken over. Out of four bills LD872 survived.

Today we are on the verge of having some measure of oversight. Where hard data on what is going on with Guardians ad litem will be generated and used instead of stuffed away in the card board boxes the system currently uses.

Please thank Sen David Dutremble, Rep Lisa Villa and the Judiciary Committee for all of the hard work and personal sacrifice that has been given to make this happen.

Sen. David Dutremble can be reached at:  ddutrem1@gmail.com
Rep. Lisa Villa can be reached at:  villa98staterep@gmail.com

For continued insight please email MeGALalert@gmail.com or like us on Facebook.

Guardian ad litem reform - LD872 Our View on How it Should be Revised

On Thursday May 9 at 2 pm at the State House in Augusta (room 428) there will be the final hearing on the bill LD872. What will it look like? We have caught glimpses of the direction the bill may take. Chairperson Sen. Linda Valentino we are told wants unanimous backing of this bill in order for it to move on. What will it look like?  There are four points that we would like to see incorporated in LD872. 

Guardian ad litem Job description: In the original LD872 (link to original concept - this is not the finished bill) it was presented that the role of Guardian ad litem is missing a clearly defined job description.  This is one of the recommendations made by OPEGA in 2006. This Job description should be a statute - rules and standards are disposable as we have experienced many times. Judges have to comply with statutes. 

- As a suggestion for a Guardian ad litem description - A Guardian ad litem is a court appointed specialist in some contested divorces who has responsibilities to the court, the child and the parents. The Guardian ad litem is responsible to propose the best plan for the child(ren) custody arrangements in a disputed divorce. The starting point of a Guardians ad litem work is the presumption that every child needs both parents equally, unless, subsequently there are provable over-riding reasons to the contrary. To this end the Guardian ad litem collects relevant data for the court, interviews relevant people, forms a relationship with the child and proposes custody recommendations to the court, the child and the parties. In the event of a dispute about data or recommendations there should be an opportunity for open cross examination in court. Any additional activities undertaken by the Guardian ad litem with the parties which add to billable hours should be by contract for services mutually agreed to by the Guardian ad litem and the parties paying for the service and would not be covered by immunity

Guardian ad litem Complaint Protocol: The ability to file a complaint and having a clearly defined complaint protocol - Any complaint protocol should have a quality assurance and consumer protection goal. It should be readily accomplished 'pro se' by parties or others who have witnessed or experienced Guardian ad litem malpractice. It requires a comprehensive written instructions, standardized form to registering the complaint. An official should be available to aide those making a complaint and explain the steps in the complaint process. There should be instructions of what constitutes a legitimate complaint against a Guardian ad litem. Feedback and complaint status information are also needed. Apart from the investigation procedures there should be as much public transparency as possible and opportunities for full rebuttal at appropriate times in the procedure. When disciplinary or corrective action is taken this should be posted publicly for consumer protection. Dismissals of complaints should be explained to complainants in a way that is understandable.

It is inappropriate for a private - not for profit - organization funded by lawyers such as the Maine Overseers of the Bar to carry out public oversight function for Maine's court officials of any kind at any status level. It is inappropriate for the legislature to authorize Judicial function of oversight to private organizations the Overseers of the Bar. A private organization has no immediate accountability to Maine Government or to the people of the State of Maine. The Maine Guardian ad Litem Institute (MEGALI - a trade organization of the Guardian ad litem industry) or Chamber of Commerce as not for profit organizations are conceptually not too different as private organizations with a special interest  focus as the Overseers of the Bar. While the Overseers of the Bar - as a guild - boasts perhaps a more distinguished membership than some of the aforementioned organizations - they are heavily identified as special interest and have no accountability to the public. The Guardian ad litem complaint process belongs under the direction of public government surveillance in the Judicial Branch or as a function of the Bureau of Financial Regulation. 

Guardian ad litem Immunity - should only cover for those activities specifically covered by the core job description (see section 1). All non core activities, such as service contracts with parties for various expanded mission functions would not be immune from liability.

Parents as part of the Child's Best Interest. The best interest of the Child addresses the social, health and educational needs. In addition it needs an explicit statement that every child needs both parents as being in the child(ren) best interest. Every child(ren) should be presumed to need equal parenting time with both parents - unless there are specific proven reasons (hard evidence) why this should not happen. There should be an opportunity to debate this question fully in court. A Guardian ad litem opinion on "the best interest" is of no more value or validity than any other persons opinion. Facts should be what is needed to move from a 50/50 parenting split for a child. This shift in emphasis would aim at diminishing the destructive, competitive and adversarial atmosphere that is present in custody disputes - starting with equity of custody as a given. It would place the burden of evidentiary proof for less than equitable custody on the Guardian ad litem - and not the parties.

With LD872 we have a state to craft a role that works for the child, the parents and family as well as the courts. Or with LD872 our Representatives can pander to the powerful special interest that talk of equitable change for children and parents. Please contact our Representatives and help to educate them on the need for meaningful reform. Please contact us at MeGALalert@gmail.com for contact information on your Representative. Follow us on Facebook for up to date information on Guardian ad litem reform.

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.