M.R. GAL 10

(a) Continuing Professional Education Credit.

(1) Unless these requirements are waived by the Chief Judge, a

guardian ad litem shall attend and complete any continuing professional

education events or seminars designated as mandatory by the Chief Judge. In

addition, in each calendar year, a guardian ad litem must participate in a total

of at least 6 credit hours of approved continuing professional education

programs applicable to one or more of the issues identified as core training

issues in Rule 2(b)(2)(B). At least one credit hour shall be primarily concerned

with ethics and professionalism education. Qualifying professionalism

education topics include professional responsibility as a guardian ad litem;

legal ethics related to guardian ad litem work; conflicts of interest; diversity

awareness in the legal profession; confidentiality of guardian ad litem records

in Title 18-C, Title 19-A, and/or Title 22 cases; communication with parents

involved in Title 18-C, Title 19-A, and/or Title 22 cases and their children; and

complaint avoidance topics such as file management and billing practices. If a

guardian ad litem is subject to this rule for more than 3 months of a calendar

year but for less than the entire year, the number of credits required for that

year shall be prorated according to the number of full months of the year in

which the guardian ad litem is subject to this rule.

(2) A guardian ad litem who completes more than 6 credit hours in a

calendar year may carry forward up to 5 credit hours to satisfy the requirement

of the following year, provided that the professional responsibility requirement

is satisfied for each calendar year.

(3) The requirement of Rule 10(a)(1) may be met only by teaching (as

provided in Rule 10(a)(5)), attending courses, or completing any continuing

professional education activity entitled to credit as provided in Rules 10(c) and

10(d).

(4) Except as provided in Rule 10(a)(5), credit is earned for the time of

actual participation in an approved course or activity.

(5) A guardian ad litem subject to this Rule who makes a presentation

in an approved course or activity not offered for academic credit by the

sponsoring institution will earn two hours of continuing professional education

credit for every 30 minutes of actual presentation at the approved course or

activity if the guardian ad litem has prepared substantial written materials as

defined by the Review Board to accompany the presentation. If substantial

written materials have not been prepared, the guardian ad litem will earn one

hour of continuing professional education credit for every 30 minutes of actual

presentation. A guardian ad litem who teaches a regularly scheduled guardian-

ad-litem-related course offered for academic credit at an accredited post

secondary educational institution will earn six hours of continuing professional

education credit under this Rule for every hour of academic credit awarded by

the institution for the course. A guardian ad litem who assists or participates

in such a regularly scheduled course will earn one hour of continuing

professional education credit for every hour of actual participation, up to a

maximum of six hours.

(b) Reporting Continuing Professional Education Credit.

(1) Included with the registration documents required by Rule 8, a

guardian ad litem subject to this Rule shall annually submit a report to the

Review Board providing the course title, date, location, sponsor, and number of

credit hours of all courses or other activities taken for credit pursuant to Rule

10(a) during the preceding calendar year, or carried over from a prior year. If

a reported course or other activity has not previously been approved in

accordance with Rule 10(c), the guardian ad litem shall also submit the

information required by Rule 10(d) to support a request for such approval.

(2) At any time, the Review Board may require a guardian ad litem to

provide documentation supporting any information reported in accordance

with Rule 10(b)(1).

(c) Courses and Other Activities Entitled to Credit.

(1) The Review Board shall maintain a list of approved sponsors of

professional education programs.

(2) Upon payment of the requisite fees in accordance with Rule 10(d),

all publicly available courses or other continuing professional education

activities entitled to credit for purposes of Rule 10(a), must be reviewed and

approved by the Review Board in accordance with Rule 10(d).

(3) The Review Board’s determination shall be final.

(d) Approval Procedure.

(1) Sponsor Approval. A sponsor may be approved by the Review

Board upon payment of the requisite fees and submission of evidence

establishing to the satisfaction of the Review Board

(A) That the sponsor has been approved or accredited by a guardian ad

litem continuing professional education accrediting authority

established by court rule or statute in another state; or

(B) That, during the immediately preceding three years, the sponsor

has sponsored at least six separate courses that comply with the

requirements for individual course approval under Rule 10(d)(2).

The Review Board may at any time review the status of a sponsor or

specific courses offered by a sponsor and may revoke approval if the status has

changed or the courses offered by the sponsor do not comply with the

requirements of Rule 10(c) and 10(d). Requests for approval shall be

submitted on a form prescribed by the Review Board, supplemented by such

supporting documentation as would assist the Review Board in determining

whether the sponsor meets the requirements of this Rule.

(2) Individual Course Approval. The Review Board may approve

individual courses for credit under this rule upon written application from a

non-approved sponsor or the submission of supporting documentation from an

approved sponsor, together with the requisite fee.

An attendee may file such a request together with the requisite fee at any

time up to and including the filing of the annual report under Rule 10(b) for the

year for which credit is sought for the course. The Review Board shall grant the

request if the Review Board is satisfied that the course meets the following

criteria:

(A) The course or activity must contribute directly to the professional

competence or skills of guardians ad litem, or to their education with

respect to their professional or ethical obligations and, where possible,

should include a professionalism education component.

(B) Course leaders or lecturers and the authors of written materials

must be persons sufficiently competent to accomplish the educational

goals of the course.

The Review Board may, prior to granting approval, request any approved

sponsor, non-approved sponsor, or attendee to submit further information

concerning a course, including the brochure describing the course, a

description of the method or manner of presentation of course materials, a

statement as to the actual date and place of presentation and the number of

persons in attendance, and a copy of the course materials.

(3) In-house and self-study continuing legal education. Courses offered

by entities employing guardians ad litem, if such courses are provided

primarily for the education of the sponsor’s members or employees, and group

or individual self-study courses involving the use of written materials; audio or

video tapes; online teaching; or other teaching methods and materials, may be

approved for credit under Rule 10(d)(2) upon submission of evidence

establishing to the satisfaction of the Review Board that

(A) the course complies with the standards set forth in Rule 10(d)(2);

(B) experienced guardians ad litem will contribute to the development

or teaching of the course; and

(C) the course or self-study will be scheduled at a time and location

that will be free of interruption.

The offering entity, an individual attendee, or any other individual

seeking approval shall file information describing the course, activity, or

program, and a request for approval. Requests for approval shall be submitted

using an application form approved by the Review Board, supplemented by

such supporting information as would assist the Review Board in determining

whether the course, activity, or program meets the requirements of this Rule.

If a course or a program of self-study consists of listening to or watching the

video replay of a previously presented continuing professional education

program, the Review Board shall allocate credit hours to the course in the same

manner as for a live program. For other courses or self-study activities, the

Review Board shall determine the amount of credit hours on the basis of

program content and the duration of the activity.

(4) Courses, activities, and programs approved, presented, or

sponsored by the Maine Judicial Branch are exempt from the requirement of

approval by the Review Board.