LD 724
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LD 724 Title Page An Act to Implement the Recommendations of the Courts' Guardian ad Litem Commit... Page 2 of 2
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LR 588
Item 1

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

 
Sec. 1. 4 MRSA §1503, as enacted by PL 1985, c. 581, §1, is amended
to read:

 
§1503. Court appointed special advocates

 
The Director of the Court Appointed Special Advocate Program
shall recruit the services of qualified persons to serve as
volunteer court appointed special advocates. The volunteer court
appointed special advocates shall not be considered employees of
the State for any purpose are considered employees of the State
only for the purposes of the Maine Tort Claims Act and shall are
not entitled to receive no compensation, but shall be are
reimbursed for their actual, necessary and reasonable expenses
incurred in the performance of their duties, consistent with
policies established by the Administrative Office of the Courts.

 
Sec. 2. 4 MRSA §1506, as amended by PL 1997, c. 393, Pt. C, §2, is
further amended to read:

 
§1506. Immunity from civil liability

 
A person serving as a court appointed special advocate for the
Judicial Department or as Director, deputy director or regional
volunteer coordinator of the Court Appointed Special Advocate
Program is immune from any civil liability, as are employees of
governmental entities, under the Maine Tort Claims Act, Title 14,
chapter 741, for acts performed within the scope of that person's
administrative duties, and is entitled to quasi-judicial immunity
for acts performed within the scope of the person's duties as a
guardian ad litem.

 
Sec. 3. 19-A MRSA §1507, sub-§5, as enacted by PL 1995, c. 694, Pt. B,
§2 and affected by Pt. E, §2, is repealed and the following
enacted in its place:

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

 
Sec. 4. 22 MRSA §4005, sub-§1, ¶G is enacted to read:

 
G.__A person serving as a guardian ad litem under this
section 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.


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