Rule 2 - Guardians Ad Litem(a) Appointment. (1)Title 18-C and 19-A Proceedings. In Title 18-C and Title 19-A proceedings, a judge may appoint any person listed on the Roster to serve as a guardian ad litem in that proceeding. In addition, when a suitable guardian ad litem included on the Roster is not available for appointment, a court may, for good cause shown and after providing the parties with an opportunity to be heard, appoint an attorney admitted to practice in this State whom the court determines to have the necessary skills and experience to serve as a guardian ad litem in that case, provided that the attorney has not been removed or suspended from the Roster, and has not surrendered his or her appointment to the Roster. For the purposes of this paragraph, good cause may include the appointment of a guardian ad litem on a pro bono basis.(2)Child Protection Proceedings. Guardians ad litem appointed in child protection proceedings pursuant to 22 M.R.S. §4005 shall be either a CASA or an attorney listed on the Roster. If neither a CASA nor an attorney from the Roster is available, the court may appoint another attorney, provided that the attorney has not been removed or suspended from the Roster, and has not surrendered his or her appointment to the Roster.(b) Application, Selection, and Placement of Guardians ad Litem on Roster. (1)Application.(A)Form. Roster applications shall be submitted on the official form that can be obtained from the Family Division of the Maine District Court. (B)Application Periods. The Chief Judge will accept applications and will review them periodically, based on the operational needs of the Maine Judicial Branch. (2) Criteria. To qualify for placement on the Roster, an applicant must demonstrate the following to the satisfaction of the Chief Judge: (A)Credentials. The applicant must (i) Possess a current valid license to practice law in the State of Maine; (ii) Possess a current valid license to practice as a Licensed Clinical Social Worker (LCSW), Licensed Professional Counselor (LPC), Licensed Clinical Professional Counselor (LCPC), Licensed Master Social Worker (LMSW), Licensed Marriage Family Therapist (LMFT), Licensed Pastoral Counselor (LPaC), psychologist, or psychiatrist in the State of Maine; or (iii) Possess a Certification of Qualification by the Director of the CASA program, provided that a CASA Certification qualified individual may be appointed a guardian ad litem only pursuant to 22 M.R.S. §4005; or (iv) Have been on the GAL roster on the effective date of the implementation of these Rules (September 2015), have completed the core training required by these Rules, and if the applicant holds professional licenses, be in good standing.(B) Core Training. The applicant must have attended a guardian ad litem training program approved by the Chief Judge with a curriculum of at least 18 hours to be placed on the Title 18-C and/or 19-A Roster and 23 hours for the Title 22 Roster. To be approved by the Chief Judge, the training curriculum must include specified learning outcomes and activities designed to meet those outcomes, and must cover Titles 18-C, 19-A, and 22; dynamics of domestic abuse and its effect on children; dynamics of separation and divorce and their effect on children; child development; timing and impact of court-related events from a child's perspective; the effects of abuse, neglect, and trauma on children; substance abuse; mental health; family finance and the financial impact of separation and divorce; legal issues and processes; ethics and professionalism as a guardian ad litem; the duties and obligations of the guardian ad litem as an agent of the court; and interviewing techniques. For a guardian ad litem acting under the auspices of the CASA program, successful completion of CASA training satisfies this requirement. CASA training does not satisfy the core training requirement if the applicant seeks to be placed on the Roster for appointment in non-CASA cases.
(C)Character and Fitness Evaluation. The applicant must demonstrate to the Chief Judge that he or she is presently of good character and fitness to serve as a guardian ad litem. (i) The applicant must disclose to the Chief Judge all prior criminal convictions in any jurisdiction or substantiations for abuse or neglect by the Maine Department of Health and Human Services or an equivalent agency in another jurisdiction. Upon receiving this information, the Chief Judge may request additional information or evidence demonstrating that the applicant presently possesses the requisite good character to serve as a guardian ad litem. (ii) The applicant must disclose to the Chief Judge any prior history of complaints to or professional discipline by a licensing agency for any profession in any jurisdiction or the Guardian ad Litem Review Board Complaint System. Upon receiving this information, the Chief Judge may request additional information or evidence demonstrating that the applicant currently possesses the requisite good character to serve as a guardian ad litem. (iii) The applicant must disclose to the Chief Judge any past removal from or surrender from the Roster for incapacity or similar action with respect to any other professional license in any jurisdiction. The Chief Judge may require an applicant with a history of incapacity to present additional information or evidence demonstrating that the incapacity has been removed and that the applicant is presently competent to serve in the role of a guardian ad litem. (iv) The applicant must disclose to the Chief Judge the existence of any of the following of which he or she is aware regarding the applicant's spouse, the parent or guardian of a child of the applicant, or any person with whom the applicant resides: | (a) Any charge, finding, or conviction in any jurisdiction in which it has been alleged that the person abused or neglected a child, as defined by 22 M.R.S. §4002; |
| (b) Any charge, finding, or conviction in any jurisdiction in which it has been alleged that the person abused, neglected, or exploited an incapacitated or dependent adult, as defined by 22 M.R.S. §3472; or |
| (c) Any charge, finding, or conviction in any jurisdiction in which it has been alleged that the person committed a "serious crime" as defined by Rule 1(c)(19). |
A decision by the Chief Judge that the applicant does not possesses the requisite character and fitness to serve as a guardian ad litem is not subject to appeal.
(3)Placement on Roster. Applicants who the Chief Judge determines satisfy the application criteria in Rule 2(b)(2) shall, at the discretion of the Chief Judge, complete a release authorizing the Administrative Office of the Courts to conduct a background check consisting of: (A) a criminal history information check; (B) a child protective services information check;(C) a certificate of good standing from the licensing agency for the applicant's profession, which must include disclosure of any complaints to or disciplinary action taken by the agency; and (D) a report from Board Counsel disclosing any past complaints, surrender from the Roster, or disciplinary sanction imposed pursuant to Rule 9 of these Rules. Applicants whose background check results are satisfactory to the Chief Judge and who otherwise satisfy the qualification criteria set out in this Rule will be finally accepted and placed on the Roster. Applicants whose background check results are not satisfactory to the Chief Judge shall not be placed on the Roster. The decision of the Chief Judge is final and not subject to appeal.
(4)Maintenance of Requirements. The requirements of Rule 2(b)(2) must be maintained in order for a guardian ad litem to remain in good standing and included on the Roster.(5)Acceptance of Court Referrals. A guardian ad litem is expected to accept at least one Title 19-A pro bono or reduced-fee referral from the Judicial Branch per calendar year and shall do so to the extent consistent with the guardian ad litem's other professional, personal, and public interest service. Acting as a guardian ad litem in a Title 22 case does not satisfy this requirement. (6)Guardian ad Litem Resignation or Leave of Absence. A guardian ad litem may resign from the Roster at any time. A guardian ad litem may request a leave of absence from the Roster from the Chief Judge, who may accept the request, reject it, or condition acceptance on such terms as the Chief Judge believes are in the best interests of the Judicial Branch. The guardian ad litem must promptly notify the Review Board of the resignation or approved leave of absence.Adopted July 28, 2015, effective 9/1/2015; amended effective 10/1/2016; amended August 28, 2019, effective 9/1/2019.Reporter's Notes - July 2015
The LSW license, which requires only a bachelor's degree, has been removed from the list of licensures that form the predicate of a guardian application. Each of the other licenses requires at least a master's degree.
Advisory Note - September 2016
Rule 2(b)(2)(A) is amended to add as a qualifying credential that the applicant was on the GAL roster on the effective date of the implementation of these Rules (September 2015), completed the core training required by the Rules, and is in good standing with respect to any professional licenses the applicant holds.
Advisory Note - September 2019
Rule 2 has been amended so that any reference to the Probate Code reflects the Legislature's enactment of a new Code, effective September 1, 2019. See P.L. 2019, ch. 417 § B-14; P.L. 2017, ch. 402 §§ A-1, A-2, F-1.