An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine
Maine Legislature, Session 126, LD 0872
Committee Amendment CA_A_S297 (Senate)

COMMITTEE AMENDMENT "It " to S.P. 297, L.D. 872, Bill, "An Act To 
Improve the Quality of Guardian ad Litem Services for the Children and Families of 
Maine" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 4 MRSA c. 32 is enacted to read: 
§1551. Definitions 
CHAPTER 32 
CHILDREN'S GUARDIANS AD LITEM 
As used in this chapter, unless the context indicates othelwise, the following tenns 
have the following meanings. 
1. 
Division. 
"Division" means the Family Division within the District Court 
established in section 183. 
2. Guardian ad litem. "Guardian ad litem" means a person appointed as the court's 
agent to represent the best interests of one or more children pursuant to Title 18-A, 
section 1-112, Title 19-A, secti.on 1507 or Title 22, section 4005. 
3. Best interests of the child. "Best interests of the child" means an outcome that 
serves or otherwise furthers the health, safety, well-being, education and growth of the 
child. In applying the standard of best interests of the child in Title 18-A and Title 19-A 
cases, the relevant factors set forth in Title 19-A, section 1653, subsection 3 must bc 
considered. 
§1552. Children's guardians 
1. Guardian ad litem roster. The division shall assist the Chief Judge of the 
District Court in the establishment and maintenance of a roster of guardians ad litem 
pursuant to section 1553. 
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2. Administration of guardians ad litem under Title 19-A and Title 22. For 
guardians ad litem appointed under Title 19-A and Title 22, the division shall assist the 
Chief Judge of the District Court in: 
A. Establishing standardized billing, itemization requirements and time reporting 
processes for all guardians ad litem; 
B. Establishing guidelines for preparation of required reports; and 
C. 
Collecting, maintaining and reporting data about orders of appointment, 
submission of required reports, caseloads and other info11TIation as directed by the 
Chief Judge of the District Court. 
3. Staff. The State Court Administrator shall provide necessary professional and 
clerical or other staff and logistical support to the division within the limit of funds 
available. 
4. Public information. The division shall provide public infollTIation about the role 
of guardians ad litem, how to provide comments about a guardian ad litem and the 
complaint process established pursuant to section 1557. 
§1553. Roster of guardians ad litem 
Rules adopted by the Supreme Judicial Court govem the establishment and 
maintenance of a roster of guardians ad litem. The mles must address: 
1. Application process. The process for applying to be included on the roster, 
including application f011TIs; 
2. Criteria. Criteria for initial listing on the roster, including: 
A. 
Credentials, including professional licenses 
and mmUTIum 
education 
requirements; 
B. Core training; and 
C. Good character; 
3. Continuing education. Continuing education requirements; 
4. Criminal background check. Obtaining criminal history record info11TIation on 
an individual, including, at a minimum, criminal history record infollTIation from the 
Department of Public Safety, State Bureau of Identification; 
5. 
Other requirements. Any other requirements necessary to remain in good 
standing and included on the roster; and 
6. Removal. The process for removing a guardian ad litem from the roster. 
§1554. Guardian ad litem responsibilities 
1. Role of guardian ad litem. The court may appoint a guardian ad litem to provide 
information to assist the cowi in detennining the best interests of the child involved in the 
detennination of parental lights and responsibilities and guardianship of a minor under 
Title 18-A, in the dete11nination of parental rights and responsibilities under Title 19-A, 
section 904 or 1653 and in the detennination of contact with grandparents under Title 
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19-A, section 1803. The court shall appoint a guardian ad litem in a child protection case 
under Title 22, chapter 1071. 
2. 
Standards of conduct. 
Guardians ad litem shall abide by the standards of 
conduct as adopted by nIle by the Supreme Judicial Court. 
3. General responsibilities. A person appointed by the court to serve as a guardian 
ad litem acts as the court's agent and is entitled to quasi-judicial immunity for acts 
performed within the scope of the duties of the guardian ad litem. As a quasi-judicial 
officer, the guardian ad litem shall perform the assigned duties independently and 
impartially in all relevant matters within the scope of the order of appointment, respecting 
the court's obligation to dispose of all judicial matters promptly, efficiently and fairly as 
provided in the Maine Code of Judicial Conduct. A guardian ad litem shall: 
A. Represent consistently the best interests of the child and provide infonnation to 
the court that assists the court in detennining the best interests of the child; 
B. Understand and uphold the law and court orders related to the guardian ad litem's 
appointment; 
C. Maintain the highest standards of professionalism, cultural sensitivity and ethics; 
D. Recognize that timely resolution of each matter serves the best interests of the 
child and the child's need for stability; 
E. Within the scope of authority defined by statute or court order, plan, calTY out, 
document and complete thorough, appropriate and fair investigations in a timely 
fashion; 
F. Communicate in a developmentally appropriate way with the child; 
G. Make well-reasoned and factually based written recommendations regarding the 
best interests of the child as directed by the order of appointment; 
H. Pursuant to the order of appointment, include parties in the investigation, use 
effective communication techniques, recognize limitations that may be imposed by 
the financial resources of the parties as applicable and be aware of the cultural and 
socioeconomic status of the parties; and 
1. Complete assignments and written reports in a timely manner and conununicate 
effectively with the court in motions, reports, recommendations and testimony. 
§1555. Appointment of guardians ad litem in Title 18-A and Title 19-A cases 
1. Appointment of guardian ad litem. In proceedings to detennine parental rights 
and responsibilities and guardianship of a minor under Title 18-A and in contested 
proceedings pursuant to Title 19-A, section 904, 1653 or 1803 in which a minor child is 
involved, the court may appoint a guardian ad litem for the child when the court has 
reason for special concem as to the welfare of the child. The court may appoint a 
guardian ad litem on the co1l11's own motion, on the motion of one of the parties or upon 
agreement of the parties. 
A. A court may appoint, without any findings, any person listed on the roster. In 
addition, when a suitable guardian ad litem included on the roster is not available for 
appointment, a court may, for good cause shown and after consultation with the 
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parties, appoint an attorney admitted to practice in this State who, after consideration 
by the court of all of the circumstances of the particular case, in the opinion of the 
appointing court has the necessary skills and experience to serve as a guardian ad 
litem. For the purposes of this paragraph, good cause may include the appointment 
of a guardian ad litem on a pro bono basis. 
B. In detern1ining whether to make an appointment, the court shall consider: 
(1) The wishes of the parties; 
(2) The age of the child; 
(3) The nature of the proceeding, including the contentiousness of the hearing; 
(4) The financial resources of the parties; 
(5) The extent to which a guardian ad litem may assist in providing infonnation 
concerning the best interests of the child; 
(6) Whether the family has experienced a history of domestic abuse; 
(7) Abuse of the child by one of the parties; and 
(8) Other factors the court detennines relevant. 
2. Order. An appointment of a guardian ad litem must be by court order. 
A. 
The appointment order must be written on a court-approved fonn and must 
specify the guardian ad litem's length of appointment, the specific duties for the 
particular case, including the filing of a written report, and fee arrangements. 
B. The guardian ad litem has no authority to perfonn and may not be expected to 
perfonn any duties beyond those specified in the appointment order, unless 
subsequently ordered to do so by the COUlt. 
C. 
If, in order to perfonn any specified duties, the guardian ad litem needs 
infonnation concerning the child or parents, the court may order the parents to sign 
an authorization fonn allowing the release of the necessary information. The court 
order may specify that the guardian ad litem must be allowed access to the child by 
the caretakers of the child, whether the caretakers are individuals, authorized agencies 
or child care providers. 
D. When appointment of the guardian ad litem or the fee arrangements for payment 
of the guardian ad litem are not agreed to by the parties, the court shall state in the 
appointment order its findings, based on the cliteria stated in this section, suppOlting 
the appointment of the guardian ad litem and the fee payment order. 
3. 
Payment for services; fees and billing; enforcement. 
The order under 
subsection 2 must specify that payment for the services of the guardian ad litem is the 
responsibility of the parties, with the terms of payment specified in the order. 
A. The fee arrangements in the order must specify hourly rates or a flat fee, the 
timing of payments to be made and by whom and the maximum amount of fees that 
may be charged for the case without further order of the court. If the payments 
ordered to be made before the guardian ad litem COlmnences the investigation, if any, 
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are not paid as ordered, the guardian ad litem shall notify the court, and the court may 
vacate the appointment order or take such other action it determines appropriate 
under the circumstances. 
B. In detenuining the responsibility for payment, the court shall consider: 
(1) The income of the paJiies; 
(2) The marital and nonmarital assets of the paIiies; 
(3) The division of property made or anticipated as part of the final divorce or 
separation; 
(4) Which party requested appointment ofa guardian ad litem; and 
(5) Other factors considered relevant by the court, which must be stated with 
specificity in the appointment order. 
C. The guardian ad litem shall use standardized billing, itemization requirements and 
time reporting processes as established by the division. The guardian ad litem may 
collect fees, if a collection action is necessary, pursuant to Title 14 and may not 
pursue collection in the action in which the guardian ad litem is appointed. 
4. Best interests of the child. In perfonuance of duties specified in the appointment 
order, the guardian ad litem shall use the standard of the best interests of the child. 
5. Wishes of the child. 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. 
6. Report. The guardian ad litem shall provide a copy of each report ordered by the 
court to the paIiies and the court at least 14 days before each report is due. A guardian ad 
litem shall provide a copy of the [mal written report to the paliies and the court at least 14 
days in advance of the final hearing. Reports are admissible as evidence and subject to 
cross-examination and rebuttal, whether or not objected to by a party. Any objections to a 
report must be filed at least 7 days before the applicable hearing. 
§1556. Appointment of guardian ad litem in child protection cases under Title 22 
1. Appointment of guardian ad litem. An order appointing a guardian ad litem 
pursuant to Title 22, section 4005 must specify the tenus and conditions of the 
appointment as provided in Title 22, this chapter and rules adopted by the Supreme 
Judicial Court. 
2. Order. An appointment of a guardian ad litem must be by court order. 
A. 
The appointment order must be written on a court-approved tom1 and must 
specify the guardian ad litem's length of appointment and specific duties, including 
the filing of a written report. 
B. The guardian ad litem has no authority to perfOlID and may not be expected to 
perfonu any duties beyond those specified in the appointment order, unless 
subsequently ordered to do so by the cOUli. 
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C. In pursuit of the best interests of the child, the guardian ad litem must be given 
access to all reports and records relevant to the case and shall investigate to ascertain 
the facts. 
D. The guardian ad litem must be provided access to the child by any agency or 
person. 
E. The guardian ad litem shall file such reports, motions, responses or objections as 
necessary and appropriate to the stage of the case to assist the court in identifying the 
best interests of the child and provide copies to all parties of record. 
F. The guardian ad litem shall appear at all child protection proceedings, unless 
previously excused by order of the court, and other proceedings as ordered by the 
court. 
The guardian ad litem may present evidence and ensure that, when 
appropriate, witnesses are called and examined, including, but not limited to, foster 
parents and psychiatric, psychological, medical or other expert witnesses. If the 
guardian ad litem testifies, the guardian ad litem must be duly swom as a witness and 
be subject to cross-examination. In the event any new developments or significant 
changes in the child's circumstances occur during the pendency of the court process, 
the guardian ad litem may file appropliate pleadings. 
G. The guardian ad litem shall protect the interests of the child who is a witness in 
any judicial proceeding relating to the case in which the guardian ad litem has been 
appointed. The guardian ad litem may advocate for special procedures, including, but 
not limited to, special procedures to protect the child witness from unnecessary 
psychological hann resulting from the child's testimony, with or without the consent 
of other parties. 
H. The guardian ad litem shall recommend appropriate services, by motion for court 
order if necessary, to access entitlements, to protect the child's interests and to 
implement a service plan. 
3. Best interests of the child. In perfonnance of duties specified in the appointment 
order, the guardian ad litem shall use the standard of the best interests of the child. 
4. Wishes of the child. The guardian ad litem shall make the wishes of the child 
known to the court if the child has expressed them, regardless of the recOlmnendation of 
the guardian ad litem. 
§1557. Complaint process 
1. Rules. The Supreme Judicial Court shall provide by rule for a complaint process 
conceming guardians ad litem appointed under Title 18-A, Title 19-A and Title 22 that 
provides for at least the following: 
A. The ability of a party to make a complaint before the final judgment as well as 
after the final judgment is issued; 
B. Written instructions on how to make a complaint; 
C. Clear criteria for making a complaint; 
D. Transparent policies and procedures concerning the investigation of complaints 
and the provision of infonnation to complainants; 
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E. A central database to log and track complaints; and 
F. 
Policies and procedures for using complaints and investigations for 
recommending the removal of a guardian ad litem from a particular case or other 
consequences or discipline. 
2. Complaint process. The division shall provide written and electronic information 
to communicate the complaint process to the public and to all parties. 
3. Minor complaint option. The rules may provide for a minor complaint option 
that authorizes cOITective action without the necessity of completing the full complaint 
and investigatory process. 
4. Motion to remove. The complaint process adopted pursuant to this section is in 
addition to the right of a party to file a motion to remove the guardian ad litem while the 
case is pending. The court shall hold a hearing on the motion at the request of the party 
filing the motion. The motion may be advanced on the docket and receive priOlity over 
other cases when the cOUl1 detennines that the interests of justice so require. 
§ 1558. Repeal 
This chapter is repealed October 1, 2017. 
Sec. 2. Information tethnology system. In developing the request for proposals 
for the new case management system for the courts, the judicial branch shall require the 
inclusion of at least the following infonnation about guardians ad litem: 
1. Infonnation on rosteling, training status, availability and case assignment; and 
2. Case management infonnation relating to guardians ad litem, including: 
A. Data to track orders of appointment, submission of required reports, case loads 
and other relevant infonnation; and 
B. Data making guardian ad litem activities transparent to all parties. 
Sec. 3. Post-judgment evaluation policy and process. The judicial branch 
shall develop and implement a post-judgment evaluation policy and process to collect and 
analyze data from the parties in cases in which guardians ad litem have been appointed. 
Sec. 4. Report. The Chief Judge of the District Court shall report to the Joint 
Standing Committee on Judiciary by February 15, 2014 on the following with regard to 
implementing the Maine Revised Statutes, Title 4, chapter 32: 
I. The adoption of rules; 
2. The establishment of a complaint process; 
3. The development of a post-judgment evaluation policy and process; and 
4. The adoption of standards of conduct for guardians ad litem. 
Sec. 5. 
Appropriations and allocations. 
The following appropriations and 
allocations are made. 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
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Initiative: Provides funds for one Family Process Specialist position, one Administrative 
Assistant position and one part-time Computer Programmer position and related costs to 
provide oversight of guardians ad litem. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2013-14 
2014-15 
2.500 
2.500 
$162,775 
$195,330 
$30,834 
$16,000 
$193,609 
$211,330 
This amendment replaces the bill. It enacts a new chapter on children's guardians ad 
litem. 
The chapter uses current requirements for guardians ad litem as a base, and 
includes some of the recommendations of the reports to the Supreme Judicial Court, 
"ReconU11endations for an Improved Process for Complaints Regarding Guardians Ad 
Litem," dated September 21, 2012, and "Recommendations for Amending the Maine 
Rules for Guardians Ad Litem," dated January 14, 2013, by the Guardian Ad Litem 
Stakeholders Group. Under the new chapter, guardians ad litem appointed under the 
Maine Revised Statutes, Title IS-A are subject to the general provisions and rules 
adopted by the Supreme Judicial Court, including the complaint process. Guardians ad 
litem appointed under Title 19-A and Title 22 are subject to the general provisions and 
the rules, as well as specific provisions for the different types of cases. 
The amendment directs the family division within the judicial branch to assist the 
Chief Judge of the District Court to roster guardians ad litem and in the administration of 
guardians ad litem appointed under Title 19-A and Title 22. The amendment requires the 
family division to collect, maintain and report data about the appointment of guardians ad 
litem, reports, caseloads and other information. 
The amendment clarifies the process of rostering guardians ad litem, although the 
details will be established by rules adopted by the Supreme Judicial Court. The rules 
must include criminal background checks. 
The amendment establishes in statute the role of a guardian ad litem and requires 
compliance with standards of conduct, which will be adopted by rule by the Supreme 
Judicial Court. 
The order of appoinhnent must specify the duties of the guardian ad litem. 
A 
guardian ad litem has no authority to perform and will not be expected to perfonn any 
duties beyond those specified in the order, unless subsequently ordered to do so by the 
court. 
The order appointing a guardian ad litem in a case under Title 18-A and Title 19-A 
must also specify the hourly rate or flat fee for the guardian ad litem, the timing of the 
payments to be made and by whom and the maximum amount of fees that may be 
charged for the case without further order of the COUli. 
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COMMITTEE AMENDMEN~ "to S.P. 297, L.D. 872 
The amendment requires the Supreme Judicial Court to provide by rule for a 
complaint process concerning guardians ad litem. The complaint process is in addition to 
the right of a party to file a motion to remove the guardian ad litem while the case is 
pending. 
The entire chapter is repealed October 1,2017. 
The judicial branch is directed to include guardian ad litem elements in its request for 
proposals for the new case management system for the courts. 
The Chief Judge of the District Court is directed to report to the Joint Standing 
Committee on Judiciary by February 15,2014 on the adoption of rules to implement the 
new chapter, establishment of a complaint process, recommendations concerning 
evaluations by parties and the adoption of standards of conduct for guardians ad litem. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 06114/13 
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'126th MAINE LEGISLATURE 
LD 872 
LR 874(02) 
An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine 
Fiscal Note for Bill as Ame~ded by C?~mittee Amendment~'1;_zqt4.) 
CommIttee: JudIcIary 
fS., 
Fiscal Note Required: Yes 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note 
FY 2013-14 
$193,609 
$193,609 
FY 2014-15 
$211,330 
$211,330 
Projections 
FY 2015-16 
$212,190 
$212,190 
Projections 
FY 2016-17 
$218,226 
$218,226 
This bill includes a General Fund appropriation of$193,609 in fiscal year 2013-14 and $211,330 in fiscal year 2014-
for the Judicial Department for one Family Process Specialist position, one Administrative Assistant position and 
one part-time Computer Programmer position and related costs to provide oversight of Guardians Ad Litem. 
LR0874(02) - Fiscal Note - Page 1 of 1