M.R. GAL 2

(a) Appointment.

(1) Title 18-C and 19-A Proceedings. In Title 18-C and Title 19-A

proceedings, a judge may appoint any person listed on the Roster to serve as a

guardian ad litem in that proceeding. In addition, when a suitable guardian ad

litem included on the Roster is not available for appointment, a court may, for

good cause shown and after providing the parties with an opportunity to be

heard, appoint an attorney admitted to practice in this State whom the court

determines to have the necessary skills and experience to serve as a guardian

ad litem in that case, provided that the attorney has not been removed or

suspended from the Roster, and has not surrendered his or her appointment to

the Roster. For the purposes of this paragraph, good cause may include the

appointment of a guardian ad litem on a pro bono basis.

(2) Child Protection Proceedings. Guardians ad litem appointed in child

protection proceedings pursuant to 22 M.R.S. § 4005 shall be either a CASA or

an attorney listed on the Roster. If neither a CASA nor an attorney from the

Roster is available, the court may appoint another attorney, provided that the

attorney has not been removed or suspended from the Roster, and has not

surrendered his or her appointment to the Roster.

(b) Application, Selection, and Placement of Guardians ad Litem

on Roster.

(1) Application.

(A) Form. Roster applications shall be submitted on the official form

that can be obtained from the Family Division of the Maine District Court.

(B) Application Periods. The Chief Judge will accept applications and

will review them periodically, based on the operational needs of the

Maine Judicial Branch.

(2) Criteria. To qualify for placement on the Roster, an applicant must

demonstrate the following to the satisfaction of the Chief Judge:

(A) Credentials. The applicant must

(i) Possess a current valid license to practice law in the State of

Maine;

(ii) Possess a current valid license to practice as a Licensed Clinical

Social Worker (LCSW), Licensed Professional Counselor (LPC),

Licensed Clinical Professional Counselor (LCPC), Licensed Master

Social Worker (LMSW), Licensed Marriage Family Therapist

(LMFT), Licensed Pastoral Counselor (LPaC), psychologist, or

psychiatrist in the State of Maine; or

(iii) Possess a Certification of Qualification by the Director of the

CASA program, provided that a CASA Certification qualified

individual may be appointed a guardian ad litem only pursuant to

22 M.R.S. § 4005; or

(iv) Have been on the GAL roster on the effective date of the

implementation of these Rules (September 2015), have completed

the core training required by these Rules, and if the applicant holds

professional licenses, be in good standing.

(B) Core Training. The applicant must have attended a guardian ad

litem training program approved by the Chief Judge with a curriculum of

at least 18 hours to be placed on the Title 18-C and/or 19-A Roster and

23 hours for the Title 22 Roster. To be approved by the Chief Judge, the

training curriculum must include specified learning outcomes and

activities designed to meet those outcomes, and must cover Titles 18-C,

19-A, and 22; dynamics of domestic abuse and its effect on children;

dynamics of separation and divorce and their effect on children; child

development; timing and impact of court-related events from a child’s

perspective; the effects of abuse, neglect, and trauma on children;

substance abuse; mental health; family finance and the financial impact

of separation and divorce; legal issues and processes; ethics and

professionalism as a guardian ad litem; the duties and obligations of the

guardian ad litem as an agent of the court; and interviewing techniques.

For a guardian ad litem acting under the auspices of the CASA

program, successful completion of CASA training satisfies this

requirement. CASA training does not satisfy the core training

requirement if the applicant seeks to be placed on the Roster for

appointment in non-CASA cases.

(C) Character and Fitness Evaluation. The applicant must demonstrate

to the Chief Judge that he or she is presently of good character and fitness

to serve as a guardian ad litem.

(i) The applicant must disclose to the Chief Judge all prior

criminal convictions in any jurisdiction or substantiations for

abuse or neglect by the Maine Department of Health and Human

Services or an equivalent agency in another jurisdiction. Upon

receiving this information, the Chief Judge may request additional

information or evidence demonstrating that the applicant

presently possesses the requisite good character to serve as a

guardian ad litem.

(ii) The applicant must disclose to the Chief Judge any prior

history of complaints to or professional discipline by a licensing

agency for any profession in any jurisdiction or the Guardian ad

Litem Review Board Complaint System. Upon receiving this

information, the Chief Judge may request additional information or

evidence demonstrating that the applicant currently possesses the

requisite good character to serve as a guardian ad litem.

(iii) The applicant must disclose to the Chief Judge any past

removal from or surrender from the Roster for incapacity or

similar action with respect to any other professional license in any

jurisdiction. The Chief Judge may require an applicant with a

history of incapacity to present additional information or evidence

demonstrating that the incapacity has been removed and that the

applicant is presently competent to serve in the role of a guardian

ad litem.

(iv) The applicant must disclose to the Chief Judge the existence

of any of the following of which he or she is aware regarding the

applicant’s spouse, the parent or guardian of a child of the applicant,

or any person with whom the applicant resides:

(a) Any charge, finding, or conviction in any jurisdiction in

which it has been alleged that the person abused or neglected

a child, as defined by 22 M.R.S. § 4002;

(b) Any charge, finding, or conviction in any jurisdiction in

which it has been alleged that the person abused, neglected,

or exploited an incapacitated or dependent adult, as defined

by 22 M.R.S. § 3472; or

(c) Any charge, finding, or conviction in any jurisdiction in

which it has been alleged that the person committed a

“serious crime” as defined by Rule 1(c)(19).

A decision by the Chief Judge that the applicant does not possesses

the requisite character and fitness to serve as a guardian ad litem is not

subject to appeal.

(3) Placement on Roster. Applicants who the Chief Judge determines

satisfy the application criteria in Rule 2(b)(2) shall, at the discretion of the Chief

Judge, complete a release authorizing the Administrative Office of the Courts to

conduct a background check consisting of: (A) a criminal history information

check; (B) a child protective services information check; (C) a certificate of good

standing from the licensing agency for the applicant’s profession, which must

include disclosure of any complaints to or disciplinary action taken by the

agency; and (D) a report from Board Counsel disclosing any past complaints,

surrender from the Roster, or disciplinary sanction imposed pursuant to Rule

9 of these Rules.

Applicants whose background check results are satisfactory to the Chief

Judge and who otherwise satisfy the qualification criteria set out in this Rule

will be finally accepted and placed on the Roster. Applicants whose background

check results are not satisfactory to the Chief Judge shall not be placed on the

Roster. The decision of the Chief Judge is final and not subject to appeal.

(4) Maintenance of Requirements. The requirements of Rule 2(b)(2)

must be maintained in order for a guardian ad litem to remain in good standing

and included on the Roster.

(5) Acceptance of Court Referrals. A guardian ad litem is expected to

accept at least one Title 19-A pro bono or reduced-fee referral from the Judicial

Branch per calendar year and shall do so to the extent consistent with the

guardian ad litem’s other professional, personal, and public interest service.

Acting as a guardian ad litem in a Title 22 case does not satisfy this requirement.

(6) Guardian ad Litem Resignation or Leave of Absence. A guardian ad

litem may resign from the Roster at any time. A guardian ad litem may request

a leave of absence from the Roster from the Chief Judge, who may accept the

request, reject it, or condition acceptance on such terms as the Chief Judge

believes are in the best interests of the Judicial Branch. The guardian ad litem

must promptly notify the Review Board of the resignation or approved leave of

absence.