HP0050, LD 63, item 1, An Act To Ensure Complete Investigations by Guardians Ad Litem

An Act To Ensure Complete Investigations by Guardians Ad Litem

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

Sec. 1. 4 MRSA §1555, sub-§6, as enacted by PL 2013, c. 406, §1, is amended to read:

6. Report. The guardian ad litem shall provide a copy of each report ordered by the court to the parties and the court at least 14 days before each report is due. A guardian ad litem shall provide a copy of the final written report to the parties and the court at least 14 days in advance of the final hearing. Each report must be submitted on a court-approved form and must demonstrate that the guardian ad litem fulfilled each of the specific duties the court imposed on the guardian ad litem in the order issued pursuant to subsection 2, paragraph A. Reports are admissible as evidence and subject to cross-examination and rebuttal, whether or not objected to by a party. Any objections to a report must be filed at least 7 days before the applicable hearing.

Sec. 2. 4 MRSA §1556, sub-§2, ¶E, as enacted by PL 2013, c. 406, §1, is amended to read:

E. The guardian ad litem shall file such reports, motions, responses or objections as necessary and appropriate to the stage of the case to assist the court in identifying the best interests of the child and provide copies to all parties of record. Each report filed by the guardian ad litem must be submitted on a court-approved form and must demonstrate that the guardian ad litem fulfilled each of the specific duties the court imposed on the guardian ad litem in the order issued pursuant to paragraph A.

Sec. 3. 4 MRSA §1558, as enacted by PL 2013, c. 406, §1, is repealed.

SUMMARY

This bill removes the sunset provision from the consolidated law governing children's guardians ad litem in the Maine Revised Statutes, Title 4, chapter 32.

This bill also requires a guardian ad litem appointed as the court’s agent to represent the best interests of one or more children to prepare reports to the court and the parties using court-approved forms. Each report must demonstrate that the guardian ad litem fulfilled each of the specific duties assigned to the guardian ad litem in the court’s order of appointment.

HP0050 LD 63	Session - 128th Maine Legislature		LR 383 Item 1
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