An Act To Ensure Accountability of Guardians Ad Litem and Parenting Coordinators
Maine Legislature, Session 126, LD 0975
Committee Amendment CA_A_H434 (House)

COMMITTEE AMENDMENT "A" to H.P. 689, L.D. 975, Bill, "An Act To 
Ensure Accountability of Guardians Ad Litem and Parenting Coordinators" 
Amend the bill in section 2 by striking out all of subsection (f) (page 1, lines 13 to 18 
in L.D.) and inserting the following: 
'(t). 
A person appointed by the court as a guardian ad litem acts as the court's agent 
and is entitled to quasi judicial immunity not civilly liable for good faith acts or 
omissions performed within the scope of the duties of the guardian ad litem if the person 
is not grossly negligent. A party who is injured by a guardian ad litem's false accusations 
of abuse or neglect or intentionally excluding relevant information in required reports has 
a civil cause of action against the guardian ad litem for damages, including punitive 
damages.' 
Amend the bill in section 6 by striking out all of subsection 6 (page 3, lines 5 to 7 in 
L.D.) and inserting the following: 
'6. Court's agent. A person serving as a guardian ad litem under this section acts as 
the court's agent and is entitled to quasi judieial immunity not civilly liable for good faith 
acts or omissions performed within the scope of the duties of the guardian ad litem if the 
person is not grossly negligent.' 
Amend the bill in section :.0 by striking out all of subsection 7 (page 4, lines 8 to 13 
in L.D.) and inserting the foll01;ving: 
'7. Agent of court; liability. An individual serving as a parenting coordinator acts 
as the court's agent and is entitled to quasi judieial immunity not civilly liable for good 
faith acts or omissions performed within the scope of the duties of the parenting 
coordinator as set forth in the court's order if the individual is not grossly negligent. A 
party who is injured by a parenting coordinator's false accusations of abuse or neglect or 
intentionally excluding relevant information in required reports has a civil cause of action 
against the parenting coordinator for damages, including punitive damages.' 
Amend the bill in section 11 by striking out all of paragraph G (page 4, lines 16 to 21 
in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A .. to H.P. 689, L.D. 975 
'G. A person serving as a guardian ad litem under this section acts as the court's 
agent and is entitled to qHasi judicial immunity not civilly liable for good faith acts or 
omissions perfonned within the scope of the duties of the guardian ad litem if the 
person is not grossly negligent. A party who is injured by a guardian ad litem's false 
accusations of abuse or neglect or intentionally excluding relevant infonnation in 
required reports has a civil cause of action against the guardian ad litem for damages, 
including punitive damages.' 
SU~RY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
The bill removes quasi-judicial immunity established under the current law for 
guardians ad litem appointed under the Maine Revised Statutes, Title I8-A, Title 19-A 
and Title 22, and for parenting coordinators appointed under Title 19-A. 
This 
amendment provides that there is no civil liability for a guardian ad litem or parenting 
coordinator for good faith acts or omissions that are within the scope of the duties of the 
guardian ad litem or parenting coordinator, as long as there is no gross negligence. 
The cause of action against the guardian ad litem or parenting coordinator as 
proposed in the bill is retained. 
FISCA.L :\OTE REQCiR£D 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 06/07/13 
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LD975 
LR 1980(02) 
An Act To Ensure Accountability of Guardians Ad Litem and Parenting Coordinators 
Fiscal Note for Bill as Amended by Committee Amendment It' L U -434) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional fIling fees may alw increase General Fund revenue by minor amounts. 
LR1980(02) - Fiscal Note - Page 1 of 1