An Open Letter to President of the Maine Senate Justin Alfond on LD47

The following is a letter that was sent to Senator Justin Alfond asking for the reasons on tabling a bill that parents and the Judicial Branch do not want:

Subject: LD 47: Please, "kill" it!


AN OPEN LETTER TO PRESIDENT OF THE MAINE SENATE, JUSTIN ALFOND

President of the Maine Senate
Justin Alfond

Dear Senator Alfond,

Re LD 47 a bill to extend the Parent Coordinator program.

I am writing to add my name to the growing list of Maine people, who are distressed by the current turn of events surrounding LD 47.  The bill seeks to extend the parent coordinator law until 2016, pending further “study”.  It adds budget for a “supervisor”, and it seeks to determine if the program “has benefit”.  We ask, “benefit for whom and judged by whom?”  Are we talking about obvious “benefits” for Parent coordinators and lawyers, or “benefits” for the opposing public?  To loosely paraphrase an expression from recent years, is it about protecting  the famous 1% or the 99%?.

What is perplexing to growing numbers of the public is why this bill was tabled in the Senate- as we understand it from several sources, on orders from you through the caucus (on a motion from Senator Valentino).  From whence comes the groundswell to save this bill?  it is widely said that the groundswell for saving LD 47 comes from Rep Terry Hayes, a Guardian ad litem/Parental Coordinator herself, and Reps DeChant and Moonen, who were the minority opposing the majority vote to kill LD 47 in the Judiciary Committee.  It is also said that there is a group of Portland lawyers, who have a  financial and professional interest in saving the bill.  It is last ditch lobbying by special interests for their personal  “income preservation”.

Our question as observers is whether lobbying will prevail over the classical legislative process, which has voiced an opinion quite contrary to the “special interests”.  We also can’t avoid the impression that by tabling a vote on LD 47, you are backing those with a “special interest” in it.  We are also concerned that the proposed amendment to LD 47  is so shamefully bogus as to insult  the intelligence of  both the legislature and the public.

As we understand the amendment to LD 47, it proposes a supervisor (or coordinator) to have n unspecified role doing unspecified things with Parent Coordinators for a period until 2016.  As you may be aware there are no job descriptions for the proposed supervisors or for their putative supervisees, nor are there any existing rules or standard for supervisor or Parent Coordinator supervisee, so supervision become a very mystical thing.  What would the supervisor do in actual supervision without the guidelines of a job description or rules and standards?  Furthermore, for whom would the supervisor of Parent Coordinators work (organizational chain of command)?  How would “due process” issues be protected in district court cases?  And ... finally, is the Judicial Branch asking for “Coordinators of Parent Coordinators?  Have  Rep Terry Hayes and the Portland lawyers usurped Mary Ann Lynches role?  We have heard further rumors that LD 47 might be embedded in LD 872, Senator Dutremble’s bill.  It would be shameful to do this.  It would be like grafting an invasive cancer into a healthy body!

Even a superficial analysis of the amendment to LD 47 raises the suspicion that it is so badly conceived, from any functional point of view, that is seems to be  a ruse on the part of  Guardian ad litem/Parental Coordinator, Rep Hayes to extend the life of a bill that appeared to be going down to a well-deserved legislative death.  Rep Hayes has a long experience in the Maine legislature, which makes us wonder whether this bill is offered by her friends in gratitude for her public service and to protect her financially in her old age?

The problems of Parent Coordinators are - if possible - even worse that the Guardian ad litem scandal.  Like Guardians ad litem, they have no supervision, no oversight, operate virtually ‘ad lib’ for a year with no fee cap, generating huge fees that impoverish the parties.  There are no rules and regulations, no standards.  It is a gold mine for the Parent Coordinator - no wonder they are fighting vigorously to preserve this lush source of income.  In our opinion it is a license to plunder.

LD 47 and its amendment ought to be “killed” asap!  Please, use your leadership to do so.  We join other members of the public with the hope that people can count on you to protect them from "special interest" abuse.

Sincerely,

Jerome A Collins, MD

Kennebunkport, Maine

To view the original bill LD47 sponsored by Representative Terry Hayes (Guardian ad litem). The Amendment to LD47.

Terry Hayes - LD 47 (HP 42) - An Act To Retain the Position of Parent Coordinator in the Judicial Branch

Thursday, February 21, 2013 1:30 PM, Room 438 State House in Augusta there is an opportunity for the public to let our representatives know your thoughts on continuing the role of Parental Coordinators. The current bill is slated to die on January 1, 2014 and for good reason this role within the Judiciary should be put to death. Consider the following:

1. There is no defined job description for what a Parental Coordinator can and cannot do. There are no limits or boundaries.
2. There are no rules by which a Parental Coordinator operates under or that are tied in with a job description.
3. There is no training that is governed by a job description.
4. There is no complaint process – The divorce industry and Judiciary will point out there have been no complaints against Parental Coordinators. For good reason – because there is no process to do so. We know of at least seven people who would complain against Parental Coordinators today if there was a process.
5. This is another form of Judicial Outsourcing with no oversight or management by those who would be asked to do so.
6. Parental Coordinators have immunity from any wrong doing and this is a problem because they essentially have immunity from everything. The role of Parental Coordinator has no definition as it would have with a job description to show how/ when a Parental Coordinator would and would not have immunity.
7. The Divorce Industry and special interest groups have convinced the courts Parental Coordinators act with neutrality and no bias for the child or parents. No amount of training will make for a totally neutral person. Personal bias will enter into any process and taint any alleged neutrality that one may have. Parental Coordinators will act contrary to their mandate – this is human nature.
8. There is no data to show how many cases current Parental Coordinators are handling and what the optimum case load is.
9. There is no data to show if there are problems and where those problems are – for instance are there certain Parental Coordinators that have complaints against them. Or how many cases are being handled by any given Parental Coordinator.

Given the very real problems that the Judiciary has with its Guardians ad litem it makes little sense to create another role which will have the same issues from the start as Parental Coordinators. One also has to question why an organization such as the Maine Guardian ad Litem Institute (MEGALI) has been so involved with wanting the role of Parental Coordinator to be maintained in light of all of the controversy surrounding Guardians ad litem – which they represent. Is it a coincidence that MEGALI President Toby Hollander and member Tobi Schneider submitted rules for Parental Coordinators this past summer? Was it in anticipation of the bill Rep Terry Hayes (Buckfield) and MEGALI member submitted to retain the role beyond the January 1, 2014 date? We may never know.

The public has an opportunity to put to death a bill that has special interest written all over it. Killing the bill will send the message that the Judiciary and special interest should get its house in order before making any new additions. That any future additions should be well thought out and include input from all interested parties. Not just those who will be enriched by the process.

Please write to the members of the Joint Standing Committee on – Judiciary to let them know how you feel about Parental Coordinators and the undefined, under managed role they play in divorce. This bill was going to die in 2014 – we should let it do just that.

For more information and or support contact us at either MeGALalert@gmail or ParentalCoordinatorAlert@Outlook.com. We can also be found on Facebook or Twitter for more up to date information about what is happening.

A link to the schedule can be found here. A link to the actual bill can be found here.

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


Governor Paul LePage

Office of the Governor
#1 State House Station
Augusta, ME 04333-0001

A Job Description – the Foundation of Accountability for GALs and PCs.

The “Judiciary” has created a class of person that has no job description and these people work as court officers with no accountability, management or direction. They make life altering decisions and often play God with your life and that of your child. If they make a mistake – the courts say they are protected by “quasi” immunity and for all purposes - untouchable. 

They are Guardians ad litem (GAL) and Parental Coordinators (PC).

With no job description it is impossible to say what a PC or GAL is supposed to do and if they are doing something they should not. Mission creep has set in so that now a GAL or PC can 'recommend' therapy and do so with no reason, end point or methodology. All of this from just 16 hours of training.  You resist and the courts will coerce you into taking this therapy under threat of jail time or loss of custody. Or a GAL or PC may not report neglect or abuse when common sense dictates that they should report to DHHS. With no job description – you – as a parent have no recourse on this persons job performance – how do you prove they are wrong? You can't. As a result any complaint against a GAL or PC will go nowhere. That is why in five years not one GAL or PC has been removed or reprimanded in the course of doing their 'job' when a consumer has lodged a complaint. This despite mounting evidence that would suggest otherwise – that job performance is lacking.

A job description is a foundation upon which a job can be built upon. No foundation or one that is not solid and the structure of that job will be weak and rotten (like what we have currently). We urge those in state government to look at creating a job description for Guardians ad litem and Parental Coordinators. This is a no cost method of providing oversight and accountability to a 'profession' that has none. Let our representatives know how you have been affected by this lack of a job description – write, call or email them with your story. Or email MeGALalert@gmail.com and we will forward your story on to those who should be concerned.

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   


Contact the Governors Office:

Governor Paul LePage 

Office of the Governor
#1 State House Station
Augusta, ME 04333-0001