CHAPTER 360
S.P. 380 - L.D. 1063
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §1-112 is enacted to read:
(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.
Sec. 2. 19-A MRSA §1507, sub-§1, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is amended to read:
1. Guardian ad litem; appointment. In contested proceedings under sections 904 and, 1653 and 1803 in which a minor child is involved, the court may appoint a guardian ad litem for the child. The appointment may be made at any time, but the court shall make every effort to make the appointment as soon as possible after the commencement of the proceeding. The court may appoint a guardian ad litem when the court has reason for special concern as to the welfare of a minor child. In determining whether an appointment must be made, the court shall consider:
A. The wishes of the parties;
B. The age of the child;
C. The nature of the proceeding, including the contentiousness of the hearing;
D. The financial resources of the parties;
E. The extent to which a guardian ad litem may assist in providing information concerning the best interest of the child;
F. Whether the family has experienced a history of domestic abuse;
G. Abuse of the child by one of the parties; and
H. Other factors the court determines relevant.
At the time of the appointment, the court shall specify the guardian ad litem's length of appointment, duties and fee arrangements.
Sec. 3. 19-A MRSA §1803, sub-§2, ¶D, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2 is amended to read:
D. If the court's determination under paragraph C is in the affirmative, the court may appoint a guardian ad litem as provided in section 1507. The court shall hold a hearing on the grandparent's petition for reasonable rights of visitation or access and shall consider any objections the parents or legal guardians may have concerning the award of rights of visitation or access to the grandparent. If the court has appointed a guardian ad litem, the court shall also consider the report of the guardian ad litem. The standard for the award of reasonable rights of visitation or access is provided in subsection 3.
Effective September 17, 2005.
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