LD 1063
pg. 1
LD 1063 Title Page An Act To Improve the Guardian ad Litem System Page 2 of 3
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LR 1084
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 18-A MRSA §1-112 is enacted to read:

 
§1-112.__Guardian ad litem

 
(a)__In any proceeding under this Title for which the court
may appoint a guardian ad litem for a child involved in the
proceeding, at the time of the appointment, the court shall
specify the guardian ad litem's length of appointment, duties and
fee arrangements.

 
(b)__A guardian ad litem appointed on or after October 1, 2005
must meet the qualifications established by the Supreme Judicial
Court.

 
(c)__If, in order to perform the guardian ad litem's 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.

 
(d)__The guardian ad litem shall use the standard of the best
interest of the child as set forth in Title 19-A, 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.

 
(e)__If required by the court, the guardian ad litem shall
make a final written report to the parties and the court
reasonably in advance of a hearing.__The report is admissible as
evidence and subject to cross-examination and rebuttal, whether
or not objected to by a party.

 
(f)__A person appointed by the court 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.

 
(g)__A guardian ad litem must be given notice of all civil or
criminal hearings and proceedings, including, but not limited to,
grand juries, in which the child is a party or a witness.__The
guardian ad litem shall protect the best interests of the child
in those hearings and proceedings, unless otherwise ordered by
the court.

 
(h)__Guardians ad litem are not required to pay the following
fees:


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