| | |
| (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; |
|
| | | 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 |
|
|