M.R. GAL 5

(a) Performance of Duties. The guardian ad litem must maintain

independent representation of the best interest of the child and perform the

guardian ad litem’s duties faithfully.

(b) Agent of the Court. As a quasi-judicial officer, the guardian ad litem

shall exercise his or her independent judgment on behalf of the child in all

relevant matters, respecting the court’s obligation under Canon 2.2 of the Maine

Code of Judicial Conduct to “perform all judicial and administrative duties

promptly, fairly, and competently.”

(c) Develop Understanding of Litigation. Commencing upon

appointment, the guardian ad litem should, to the extent reasonably possible,

considering the resources authorized for the guardian ad litem:

(1) Obtain copies of all relevant pleadings and notices;

(2) In Title 22 cases, unless excused by the court, and in Title 18-C and

19-A cases, when directed by the court, participate in depositions, negotiations,

and discovery that are relevant to the child’s best interest, and participate in all

case management, pretrial or other conferences, and hearings, unless excused

by the court;

(3) Confirm the appointment with the clerk’s office. The clerk shall

send copies of all subsequent notices and orders to the guardian ad litem.

Parties or their counsel shall send to the guardian ad litem copies of all

pleadings and correspondence with the court, and the guardian ad litem shall

be entitled to reasonable notification of case conferences, changes of placement,

and other changes of circumstances affecting the child and the child’s family;

(4) Not cause case delays and shall attempt to reduce case delays; and

(5) Include parties in the investigation, employ effective

communication techniques, and be sensitive to the culture and socio-economic

status of the parties.

(d) Explanation of Court Process. When appropriate, the guardian ad

litem shall explain the court process and the role of the guardian ad litem to the

child. When necessary, the guardian ad litem shall assure that the child is

informed of the purpose of the court proceeding.

(e) Advocate for Clear Court Orders. The guardian ad litem should

request orders that are clear, specific, and, where appropriate in Title 22 cases,

include a time line for the assessment, implementation of services, placement,

treatment, and evaluation of the child and the child’s family.

(f) Mandated Reporting. Pursuant to 22 M.R.S. § 4011-A, while acting

in their professional capacity as guardians ad litem, guardians ad litem are

mandated reporters, and if a guardian ad litem knows or has reasonable cause

to suspect that a child has been or is likely to be abused or neglected, the

guardian ad litem shall make an immediate report to the Department of Health

and Human Services.

(g) Confidentiality. A guardian ad litem shall observe all statutes, rules,

and regulations concerning confidentiality. A guardian ad litem shall not

disclose information or participate in the disclosure of information relating to

a case to any person who is not a party to the case, except as necessary to

perform the guardian ad litem’s duties, or as may be specifically provided by

law or by these Rules. Communications made to a guardian ad litem, including

those made to a guardian ad litem by a child, are not privileged. The guardian

shall exercise reasonable discretion about whether to disclose communications

made by the child to the court, or to professionals providing services to the

child or the family based on the guardian ad litem’s evaluation of the best

interest of the child. Any decision by the guardian not to disclose such

information, however, shall be subject to review by the court following an in

camera review. A guardian ad litem’s notes and work papers are privileged and

shall not be disclosed to any person, reserving to the court, however, the

authority to order disclosure of such material as part of court proceedings if the

court determines that disclosure is warranted under applicable court

procedures. If the guardian ad litem is an attorney, she or he shall be deemed

to act as a guardian ad litem rather than as an attorney, and information he or

she receives is not subject to the attorney-client privilege.

(h) Ex Parte Communications. In extraordinary circumstances

involving matters of child safety or similarly grave concerns, the guardian ad

litem may initiate or participate in ex parte communications with the court

about a particular case pursuant to Canon 2.9(A) of the Maine Code of Judicial

Conduct. However, as a matter of due process and fundamental fairness, the

guardian ad litem or the court must promptly disclose the nature of the

communication to the parties or their counsel, unless such disclosure is likely

to present a risk of harm to the child or a party, in which case the court shall

take such steps as are necessary to alleviate the potential for harm, and when

the danger of harm no longer exists, disclose the nature of the communication

to the parties or their counsel.

(i) Conflicts of Interest and Mandatory Disclosures.

(1) Mandatory Disqualification. A guardian ad litem shall

(A) Decline appointment in a proceeding where the guardian ad litem

has a present or prior personal, professional, business, or legal

relationship with any party, interested party, or intervenor involved in

the proceeding that would interfere with the guardian ad litem’s ability

to perform the functions of a guardian ad litem in accordance with these

Rules and in accordance with any requirements of a judicial officer; and

(B) If a relationship described in Rule 5(i)(1)(A) arises after

appointment, advise the court of the existence of such a relationship and

seek permission to withdraw.

(2) Disclosure of Prior Acquaintances. A guardian ad litem who is aware

that he or she had a relationship of any type, including but not limited to a

professional, personal, or financial relationship, with any party, interested

party, or intervenor in a case, shall

(A) At or before the time of appointment, disclose such fact to the

parties and the court, either orally or in writing; and

(B) If such an acquaintance becomes known only after appointment,

immediately disclose such fact to the parties and the court, either orally

or in writing.

(3) Allegations of Failure to Disclose Prior Acquaintances. If it is alleged

by a party to any proceeding in which a guardian ad litem is appointed that the

guardian ad litem has failed to disclose any present or prior relationship that

affects his or her objectivity, or the guardian ad litem’s ability to perform the

functions of a guardian ad litem in accordance with these Rules or in

accordance with requirements of a judicial officer, the guardian ad litem shall

(A) Inform a judicial officer that the allegation has been made; and

(B) Respond either orally or in writing to a judicial officer and to all

parties regarding the nature of the present or prior acquaintance, if any.

(4) Duty to Report.

(A) A guardian ad litem shall, in writing, immediately inform Board

Counsel and the courts and parties in all Title 18-C, Title 19-A, and Title

22 proceedings in which the guardian ad litem is currently appointed of

the existence of the following with respect to the guardian ad litem:

(i) Any criminal conviction not previously disclosed to the

Review Board pursuant to Rule 2 or Rule 8;

(ii) Any pending criminal charge in any jurisdiction and any

disposition of such criminal charge;

(iii) Any pending disciplinary hearing before a professional

licensing agency in Maine or any other jurisdiction, including but

not limited to the filing of formal charges by Bar Counsel pursuant

to Rule 9(d) of these Rules, and the disposition of such matter(s);

and

(iv) Any court finding of abuse or neglect or any substantiation of

abuse or neglect by the Maine Department of Health and Human

Services or an equivalent agency in any other jurisdiction.

(B) A guardian ad litem shall immediately inform Board Counsel of the

existence of any pending safety assessment by the Maine Department of

Health and Human Services involving anyone residing in the guardian ad

litem’s household.

(C) A guardian ad litem shall immediately inform Board Counsel of the

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

the guardian ad litem’s spouse, the parent or guardian of a child of the

guardian ad litem, or any person with whom the guardian ad litem

resides:

(i) Any charge, finding, or conviction in which it has been alleged

that the person abused or neglected a child, as defined by 22 M.R.S.

§ 4002;

(ii) Any charge, finding, or conviction 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

(iii) Any charge, finding, or conviction in which it has been alleged

that the person committed a “serious crime” as defined by Rule

1(c)(19).

(D) Board Counsel shall inform the Chief Judge of information received

by a guardian ad litem under this Rule in accordance with Rule 9(h).

(5) Disclosure of Other Cases. If a guardian ad litem is a party to any

case in court, other than in his or her capacity as a guardian ad litem, he or she

shall immediately disclose to the court in any Title 18-C, Title 19-A, or Title 22

case in which he or she is currently appointed that he or she is a party to a case

in court, and the name, court location, docket number and nature of any such

case, and request direction from the court as to service or continued service as

a guardian ad litem.

(6) Disclosure of Financial Relationship. If a guardian ad litem has any

financial relationship with any attorney in the case or any material witness, he

or she shall immediately disclose to the judicial officer the existence and nature

of that relationship, and the court shall determine whether initial or ongoing

appointment of the guardian ad litem is appropriate.

(j) Withdrawal. A guardian ad litem may seek to withdraw by filing a

motion with the court that appointed the guardian ad litem. The guardian ad

litem must continue representation until the motion is granted, and if the

court’s order so provides, until a successor guardian ad litem is appointed.

(k) Billing Standards. Effective as of January 31, 2018, the following

standardized billing procedures are adopted for all guardians ad litem.

(1) Rates for Guardians ad Litem. Guardians ad litem whose fees are to

be paid by parties shall be paid at the hourly or flat rate determined in the

court’s Order for Appointment of Guardian ad Litem for each individual case. If

the guardian ad litem is being paid by any state or county government, the

guardian ad litem shall complete such forms as required for reporting time and

billings. In cases in which the guardian ad litem is serving pro bono by

appointment under these Rules, the guardian ad litem shall still file a final

invoice setting forth hours worked on the case. All other guardians ad litem

shall be paid in accordance with the order of appointment or as specified by

JB-05-05.

(A) Itemized Expenses for Guardians ad Litem.

(i) Itemization Requirements. All invoices for time and claims

for expenses must be itemized.

(ii) Itemization of Time. Time spent shall be outlined in detailed

and itemized billing statements. If applicable, time will be billed at

the rate approved in the order of appointment. Guardians ad litem

who have agreed to serve for a flat fee must still complete itemized

invoices. Itemized bills will show work done in increments of one

tenth of an hour (six minute blocks of time). Sufficient detail will

be provided to allow the parties to understand the nature of each

task and the time spent on that task. Guardians ad litem will avoid

block billing (i.e., the consolidation of more than one task into a

time description, with a number of hours billed for the entire

block).

(iii) Billing Frequency. Unless the order of appointment specifies

a different time or other billing procedure, guardians ad litem shall

submit bills to the parties every ninety days. At any final hearing,

a guardian ad litem shall provide the court and the parties with an

updated itemized invoice showing all time spent and expenses

incurred between the date of the last invoice and the date of

hearing.

(B) Maximum Hours.

(i) The maximum number of hours and costs for which a

guardian ad litem will be reimbursed shall be determined by the

presiding judicial officer handling the case, after consultation with

the parties, and will be designated in the court’s order of

appointment.

(ii) Before a guardian ad litem can be paid for time exceeding the

court ordered hours, the guardian ad litem must obtain court

approval. Any order approving this additional time must be

reflected in an amended order in the form approved by the Judicial

Branch.

(l) Compliance Reports.

(1) Using Judicial Branch form FM-222, the guardian ad litem in a

family matter case shall complete and file a Compliance Report concurrent with

the filing of a final report or 7 days before the final hearing, or on another date

specified by a judicial officer.

(2) Using Judicial Branch form PC-034, the guardian ad litem in a child

protection case shall file a Compliance Report with the guardian ad litem report

7 days before any hearing or on another date specified by a judicial officer.

Although a guardian ad litem is not statutorily mandated to file reports for

summary preliminary hearings, each guardian ad litem must file a Compliance

Report on the date of a summary preliminary hearing.