An Act To Improve the Guardian ad Litem System
Maine Legislature, Session 122, LD 1063
Committee: judiciary
Sponsors: BRENNAN, TARDY, BARTLETT, HOBBINS, MITCHELL, MILLS, MOODY, PINGREE
Amends: 18-A MRSA §1, 19-A MRSA §1507, 22 MRSA §4005

Legislative Document 
No. 1063 
S.P.380 
In Senate, March 1, 2005 
An Act To Improve the Guardian ad Litem System 
Reference to the Committee on judiciary suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
Cosponsored by Representative TARDY of Newport and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BARTLETT of Cumberland, HOBBINS of York, MITCHELL of Kennebec, 
Representatives: MILLS of Farmington, MOODY of Manchester, PINGREE of North Haven. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 18-A MRSA §1-112 is enacted to read: 
§1-112. 
Guardian ad litem 
Ca) 
In any proceeding under this Title for which the court 
may appoint a 
guardian ad litem for 
a 
child involved in the 
proceeding, 
at the time of the aQPQiptment, 
the court shall 
specify the guardian ad litem's length of appointment, duties and 
fee arrangements. 
(b) 
A guardian ad 
lit~pointed on or after October 1, 
2005 must meet the qualifications established by the 
Supreme 
Judicial Court. 
(c) 
If, in order to perform the guardian ad litem's duties, 
the guardian ad litem needs information concerning the child or 
parents, the court may order the parents to sign an authorization 
form allowing the release of the necessary information. 
The 
guardian 
ad 
litem must 
be 
allowed 
access 
to 
the 
child 
by 
caretakers of the child, whether the caretakers are individuals, 
authorized agencies or child care providers. 
(d) 
The guardian ad litem shall use the standard of the 
best interest of the child as set forth in Title 19-A, section 
1653, subsection 3. 
The guardian ad litem shall make the wishes 
of the child known to the court if the child has expressed them, 
regardless of the recommendation of the guardian ad litem. 
(e) 
If required by the court, the guardian ad litem shall 
make 
a 
final 
written 
report 
to 
the 
parties 
and 
the 
court 
reasonably in advance of a hearing. 
The report is admissible as 
evidence and subject to cross-examination and rebuttal, whether 
or not objected to by a party. 
(f) 
acts 
as 
immunity 
guardian 
A person appointed by the court as a 
the court's agent 
and is entitled 
for acts performed within the scope of 
ad litem. 
guardian ad litem 
to quasi-judicial 
the duties of the 
(g) 
A guardian ad litem must be given notice of all civil 
or criminal hearings and proceedings, including, but not limited 
to, grand juries, in which the child is a party or a witness. 
The guardian ad litem shall protect the best interests of the 
child in those hearings and proceedings, unless otherwise ordered 
by the court. 
(h) 
Guardians 
ad 
litem 
are 
not 
required 
to 
pay 
the 
SO 
following fees: 
(1) 
Court filing fees for filing a motion to enforce court 
orders, including orders for payment; and 
(2) 
Fees for dr i villg_HU:;:Q_rds QPd 
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concerning persons involved in the action for which the 
guardian ad litem has been appointed. 
Sec. 2. 19-A MRSA §1507. sub-§l, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2, is amended to read: 
1. 
Guardian 
ad 
litem; 
appointment. 
In 
contested 
proceedings under sections 904 
aBe'lL 
1653 and 1803 in which a 
minor child is involved, 
the court may appoint a guardian ad 
litem for the child. 
The appointment may be made at any time, 
but the court shall make every effort to make the appointment as 
soon as possible after the commencement of the proceeding. 
The 
court may appoint a guardian ad litem when the court has reason 
for special concern as to the welfare of a minor child. 
In 
determining whether an appointment must be made, the court shall 
consider: 
~o 
lG 
A. 
The wishes of the parties; 
B. 
The age of the child; 
C. 
The 
nature 
of 
the 
proceeding, 
including 
the 
contentiousness of the hearing; 
D. 
The financial resources of the parties; 
E. 
The extent to which a guardian ad litem may assist In 
providing information concerning the best interest of the 
child; 
F. 
Whether the family has experienced a history of domestic 
abuse; 
G. 
Abuse of the child by one of the parties; and 
H. 
Other factors the court determines relevant. 
At the 
guardian 
time 
ad 
arrangements. 
of the 
litem's 
appointment, 
length 
of 
the court 
appointment, 
shall speci fy 
duties 
and 
Sec. 3. 19-A MRSA §1507, sub-§9 is enacted to read: 
the 
fee 
9. 
Waiver of fees. 
Guardians ad litem are not required to 
pay the following fees: 
A. 
Court filing fees for filing a motion to enforce court 
orders, including orders for payment; and 
B. 
Fees for driving records and for criminal record checks 
concerning persons involved in the action for which the 
guardian ad litem has been appointed. 
Sec. 4. 19-A MRS A §1803, sub-§2. ~D, as enacted by PL 1995, c. 
694, Pt. B, §2 and affected by Pt. E, §2 is amended to read: 
D. 
If the court's determination under paragraph C is in the 
affirmative, the court may appoint a guardian ad litem as 
provided in section 1507. 
The court shall hold a hearing on 
the 
grandparent's 
petition 
for 
reasonable 
rights 
of 
visi tation or access and shall consider any objections the 
parents or legal guardians may have concerning the award of 
rights of visitation or access to the grandparent. 
If the 
court has appointed a guardian ad litem, the court shall 
also consider the report of the guardian ad litem. 
The 
standard for the award of reasonable rights of visitation or 
access is provided in subsection 3. 
.16 
J8 
Sec. 5. 22 MRSA §4005. sub-§!, ~H is enacted to read: 
H. 
Guardians ad litem are not required to pay the following 
fees: 
(1) 
Court filing fees for filing a motion to enforce 
court orders, including orders for payment; and 
(2) 
Fees for driving records and for criminal record 
checks concerning persons involved in the action for 
which the guardian ad litem has been appointed. 
SUMMARY 
This bill amends the laws concerning guardians ad litem. 
It 
adds a section to the Probate Code to provide for appointment, 
qualifications, access to information, application of the best 
interest 
of 
the 
child 
standard, 
requirement 
of 
a 
report, 
immunity, requirement of notice and waiver of fees for guardians 
ad litem serving the Probate Court. 
This bill also authorizes 
appointment of 
a guardian ad litem in an action in which 
a 
grandparent is seeking contact with a child. 
This bill provides 
that guardians ad litem are not required to pay certain court 
filing fees 
and fees for driving records 
and criminal record 
checks concerning persons involved in the action.