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

 
SUMMARY

 
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.

 
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:

 
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;

 
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

 
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.


Page 1 of 2 Top of Page LD 724 Title Page