CHAPTER 257
H.P. 120 - L.D. 144
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19 MRSA §752-A, sub-§1-A, as enacted by PL 1995, c. 405, §11, is repealed.
Sec. 2. 19-A MRSA §1507, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
2. Qualifications. A guardian ad litem appointed on or after September 1, 1997 1998 must meet the qualifications established by the Supreme Judicial Court.
Sec. 3. 19-A MRSA §1507, sub-§3, ķA, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
3. Duties. The guardian ad litem has both mandatory and optional duties.
A. A guardian ad litem shall:
(1) Interview the child face-to-face with or without another person present; and
(2) Have face-to-face contact with the child within 7 days of appointment by the court and at least once every 3 months after appointment; and
(3) Make a written report of investigations, findings and recommendations every 6 months or as ordered by the court, with copies of the report to each party and the court.
Sec. 4. 19-A MRSA §1507, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
4. Best interest of the child. The guardian ad litem shall use the standard of the best interest of the child as set forth in 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. If the child and the child's guardian ad litem are not in agreement, the court shall evaluate the need for appointing special counsel for the child to serve as the child's legal advocate concerning the issues and during the proceedings as the court determines to be in the best interest of the child and shall appoint a legal advocate if the court determines that such an appointment is necessary.
Sec. 5. 22 MRSA §4005, sub-§1, ķA, as amended by PL 1995, c. 405, §18, is further amended to read:
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 September 1, 1997 1998 must meet the qualifications established by the Supreme Judicial Court.
Sec. 6. Effective date. Those sections of this Act that amend the Maine Revised Statutes, Title 19-A, section 1507, take effect October 1, 1997.
Effective September 19, 1997, unless otherwise indicated, unless otherwise indicated.
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