LD 349 (subjects: PROBATE , GUARDIAN AD LITEM )
Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=349&PID=1456&snum=127
- Rep. Ryan Fecteau of Biddeford: (D – District 11) — e-mail | Twitter | Facebook
Rep. Dale Crafts of Lisbon: (R – District 56) — e-mail | Twitter | Facebook
Rep. Steve Wood of Sabattus: (R – District 57) — e-mail
Rep. Stanley Short of Pittsfield: (I – District 106) — e-mail | Facebook
Rep. Arthur Verow of Brewer: (D – District 128) — e-mail | Facebook
Sen. John Patrick of Oxford: (D – District 18) — e-mail | Facebook
|2/10/2015||Senate||Committee on JUDICIARY
suggested and ordered printed
On motion by Senator Burns of Washington REFERRED to the Committee on JUDICIARY
Ordered sent down forthwith for concurrence.
|2/10/2015||House||Bill REFERRED to the Committee on JUDICIARY.
In concurrence. ORDERED SENT FORTHWITH.
|5/26/2015||Senate||Pursuant to Joint Rule 310.3 Placed in Legislative Files (DEAD)|
An Act To Ensure Accountability of Guardians Ad Litem
Sec. 1. 4 MRSA 1554, sub- 3, as enacted by PL 2013, c. 406, 1, is amended to read:
Sec. 2. 4 MRSA 1554, sub- 4 is enacted to read:
Sec. 3. 18-A MRSA 1-112, sub- (a) and (b), as enacted by PL 2005, c. 360, 1, are amended to read:
Sec. 4. 18-A MRSA 1-112, sub- (f), as enacted by PL 2005, c. 360, 1, is amended to read:
Sec. 5. 18-A MRSA 1-112, sub- (h) is enacted to read:
Sec. 6. 19-A MRSA 1507, sub- 1, as amended by PL 2005, c. 360, 2, is further amended to read:
At the time of the appointment, the court shall specify in writing the guardian ad litem’s length of appointment, duties and fee arrangements as described in subsection 7.
Sec. 7. 19-A MRSA 1507, sub- 2, as amended by PL 1999, c. 251, 1, is further amended to read:
Sec. 8. 19-A MRSA 1507, sub- 3, as amended by PL 2005, c. 683, Pt. B, 9, is further amended to read:
(1) Interview the child face-to-face with or without another person present; and
(3) Make a written report of investigations, findings and recommendations as ordered by the court, with copies of the report to each party and the court.
(1) Interviewing the parents, teachers and other people who have knowledge of the child or family;
(2) Reviewing mental health, medical and school records of the child;
(3) Reviewing mental health and medical records of the parents;
(4) Having qualified people perform medical and mental evaluations of the child;
(5) Having qualified people perform medical and mental evaluations of the parents;
(6) Procuring counseling for the child;
(7) Retaining an attorney to represent the guardian ad litem in the pending proceeding, with approval of the court;
(8) Subpoenaing witnesses and documents and examining and cross-examining witnesses;
(9) Serving as a contact person between the parents and the child; or
(10) Other duties that the court determines necessary, including, but not limited to, filing pleadings.
If, in order to perform the 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.
Sec. 9. 19-A MRSA 1507, sub- 6 and 7, as enacted by PL 1995, c. 694, Pt. B, 2 and affected by Pt. E, 2, are amended to read:
Sec. 10. 19-A MRSA 1507, sub- 9 is enacted to read:
Sec. 11. 22 MRSA 4005, sub- 1, G, as enacted by PL 2001, c. 253, 4, is amended to read:
Sec. 12. 22 MRSA 4005, sub- 1, H is enacted to read:
1. Removes the quasi-judicial immunity provided to guardians ad litem by statute;
2. Allows a cause of action and the award of punitive damages against guardians ad litem who falsely accuse parties of abuse or neglect or who intentionally exclude relevant information from reports to the parties or the court;
3. Requires the court to impose limits on the extent of investigations to be undertaken by a guardian ad litem;
4. Requires all guardians ad litem to have a minimum amount of completed course work in social work; and
5. Requires the court to set expenditure limits on guardian ad litem fees and any other costs incurred in investigations or the completion of the duties of the appointment.
Pattern of Cosponsorship by Region:
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This information about LD 349 was last updated on 2016-05-12.
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