An Act To Amend the Guardian Ad Litem Laws
Maine Legislature, Session 126, LD 0522
Committee: Judiciary
Sponsors: VALENTINO, PRIEST, BURNS, CROCKETT, GUERIN, MONAGHAN-DERRIG, VILLA
Amends: 19-A MRSA §1507, 22 MRSA §4005

Legislative Document 
No. 522 
S.P. 212 
In Senate, February 19, 2013 
An Act To Amend the Guardian Ad Litem Laws 
Reference to the Committee on Judiciary suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator VALENTINO of York. 
Cosponsored by Representative PRIEST of Brunswick and 
Senator: BURNS of Washington, Representatives: CROCKETT of Bethel, GUERIN of 
Glenburn, MONAGHAN-DERRIG of Cape Elizabeth, VILLA of Harrison. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §1507, sub-§5, as repealed and replaced by PL 2001, c. 253, 
§3, is amended to read: 
5.  Written report.  A If directed by the court, a guardian ad litem shall make a final 
written report to the parties and the court reasonably in advance of the hearing.  The 
report is admissible as evidence and subject to cross-examination and rebuttal, whether or 
not objected to by a party. 
Sec. 2.  19-A MRSA §1507, sub-§9 is enacted to read: 
9.  Rules.  The Supreme Judicial Court may adopt rules governing guardians ad litem 
regarding registration or certification, qualifications, standards of practice, continuing 
education requirements and discipline, which includes the just determination of 
complaints from parties in actions pursuant to this Title and Title 22, section 4005.  The 
court may assess such fees upon the guardians ad litem as may be necessary to provide 
for the regulation of guardians ad litem and the protection of the public interest.  The 
judicial branch may authorize a separate program of supervision, mentoring or 
professional oversight if funding is allocated for that purpose. 
Sec. 3.  22 MRSA §4005, sub-§1, as amended by PL 2001, c. 696, §12, is further 
amended to read: 
1.  Child; guardian ad litem.  The rules adopted by the Supreme Judicial Court 
under Title 19-A, section 1507, subsection 9 and the following provisions shall govern 
guardians ad litem.  The term guardian ad litem is inclusive of lay court appointed special 
advocates under Title 4, chapter 31.  
A.  The court, in every child protection proceeding except a request for a preliminary 
protection order under section 4034 or a petition for a medical treatment order under 
section 4071, but including hearings on those orders, shall appoint a guardian ad 
litem for the child. The guardian ad litem's reasonable costs and expenses must be 
paid by the District Court. The appointment must be made as soon as possible after 
the proceeding is initiated.  Guardians ad litem appointed on or after March 1, 2000 
must meet the qualifications established by the Supreme Judicial Court. 
B.  The guardian ad litem shall act 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 investigate to ascertain the facts.  The investigation must include, when possible 
and appropriate, the following: 
(1)  Review of relevant mental health records and materials;  
(2)  Review of relevant medical records;  
(3)  Review of relevant school records and other pertinent materials;  
(4)  Interviews with the child with or without other persons present; and  
(5)  Interviews with parents, foster parents, teachers, caseworkers and other 
persons who have been involved in caring for or treating the child. 
The guardian ad litem shall have face-to-face contact with the child in the child's 
home or foster home within 7 days of appointment by the court and at least once 
every 3 months thereafter or on a schedule established by the court for reasons 
specific to the child and family.  The guardian ad litem shall report to the court and 
all parties in writing at 6-month intervals, or as is otherwise ordered by the court, 
regarding the guardian ad litem's activities on behalf of the child and 
recommendations concerning the manner in which the court should proceed in the 
best interest of the child.  The court may provide an opportunity for the child to 
address the court personally if the child requests to do so or if the guardian ad litem 
believes it is in the child's best interest. 
C.  The guardian ad litem may subpoena, examine and cross-examine witnesses and 
shall make a recommendation to the court. 
D.  The guardian ad litem shall make a written report of the investigation, findings 
and recommendations and shall provide a copy of the report to each of the parties 
reasonably in advance of the hearing and to the court, except that the guardian ad 
litem need not provide a written report prior to a hearing on a preliminary protection 
order.  The court may admit the written report into evidence. 
E.  The guardian ad litem shall make the wishes of the child known to the court if the 
child has expressed his wishes, regardless of the recommendation of the guardian ad 
litem. 
F.  The guardian ad litem or the child may request the court to appoint legal counsel 
for the child.  The District Court shall pay reasonable costs and expenses of the 
child's legal counsel. 
G.  A person serving as a guardian ad litem under this section 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. 
SUMMARY 
This bill implements the recommendations included in the report "Recommendations 
for an Improved Process for Complaints Regarding Guardians Ad Litem" submitted to 
the Supreme Judicial Court in 2012 by the Guardian Ad Litem Task Force, appointed by 
Chief Justice Saufley. 
Current law requires a guardian ad litem appointed in a family matters case to submit 
a written report to the parties and the court.  This bill requires a written report only if the 
court directs the guardian ad litem to file one. 
This bill provides that the Supreme Judicial Court may adopt rules governing 
guardians ad litem appointed in family matters cases under the Maine Revised Statutes, 
Title 19-A and in child protective cases under Title 22.  The rules may cover registration 
or certification, qualifications, standards of practice, continuing education requirements 
and discipline.  Discipline includes a process to provide for the just determination of 
complaints from parties in actions under Title 19-A and Title 22.