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| | | Public Law 1995, chapter 405, "An Act to Implement the | | Recommendations Resulting from the Study Concerning Parental | | Rights and Responsibilities When Domestic Abuse is Involved," | | requested the Supreme Judicial Court to develop a program to | | train, certify and supervise guardians ad litem. The court | | appointed a committee to oversee these tasks and the committee | | proposed rules and standards for guardians ad litem to the court, | | which were adopted in 1999. |
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| | | In the course of its work, the committee identified a number | | of provisions of law that it felt needed to be corrected by | | appropriate legislation to harmonize existing provisions of the | | Maine Revised Statutes, Title 19-A and Title 22. This bill makes | | those corrections by: |
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| | | 1. Amending the laws governing the Court Appointed Special | | Advocate Program, or "CASA," to clarify that court appointed | | special advocates have quasi-judicial immunity as do other | | guardians ad litem, and that, if a CASA volunteer is sued the | | volunteer is entitled to a defense by the Department of the | | Attorney General; |
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| | | 2. Clarifying Title 19-A to provide that a guardian ad | | litem's report in domestic relation cases is fully admissible and | | subject to a party's rights to cross-examine the guardian ad | | litem or call rebuttal witnesses as in cases arising under Title | | 22; and |
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| | | 3. Amending Title 22 to clarify that guardians ad litem in | | child abuse cases have quasi-judicial immunity, as in cases | | arising under Title 19-A. |
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