There
is a case in Maine that has run its course through the system. The
case is a perversion of Justice and the father has been put through
the wringer by the Guardian ad litem.
The
father recently filed a complaint with the head Judge – Judge
LaVerdiere – in which he complained about the Guardian ad litem and
the neglect this woman showed for the case and the child. This father
was and still is upset with the medieval process that he and others
have to go though with the Guardians ad litem assigned to their case.
There is a shopping list of why this Guardian ad litem practiced
neglect and bias – throwing any shred of common sense out the
window and not looking out for this child's best interest.
1.
This Guardian ad litem neglected the child’s safety. Several years
ago in July it was brought to the GALs attention that his son was
burned – it appeared that the burns were caused by cigarettes. In
addition there were several large bruises on his shoulders that his
son complained about. The father sought treatment for his son as any
good parent would do. He also complained to the Guardian ad litem.
According
to the rules for Guardians ad litem if a GAL knows that a child has
been abused he/ she must make an immediate report to DHHS. In this
case the GAL did not report and dismissed the fathers concern. In
addition the father was accused of causing trouble – which could be
true if a parents concern for their child is causing trouble.
2.
Despite the fact that the father has no history of drug or alcohol
use or mental illness he was forced to have mental evaluations done
so that he may have limited supervised visits with his child. These
visits are limited to once a week for a few hours. In addition he was
forced to have an assessment done for anger management because the
Guardian ad litem felt the father had issues in controlling his
anger. This father did what any parent would do when faced with the
threat at losing contact with their child. He complied. The Dr.
doing the evaluation pointed out that the fathers perceived anger was
justified considering the harassment he was getting from the Guardian
ad litem. The Guardian ad litem chose to ignore the findings of this
Dr – thus disrespecting the opinion of a professional and making a
diagnosis of the problem. This Guardian ad litem (and this would also
apply for any Guardian ad litem) has no authority to make a diagnosis
– never. This Guardian ad litem under rule 3, 3.2, 12(a) is
supposed to work with other professionals involved in the assessment
or treatment of the parties involved. She clearly did not.
3.
This Guardian ad litem showed bias against the father. In addition to
the assessments the father was forced to take – this despite the
fact he had no history of violence, mental illness or alcohol and
drug use – the mother was never asked to do the same. The mother as
part of her daily regimen of coping with life is on a mix of ten plus
drugs that includes - Vicodin, Oxycontin, Ativan, Neurotin, Phenergin
and Medicinal Marijuana. The child was placed under the mothers care
despite the knowledge the mother was often incapacitated by these
drugs. Is it any wonder the father may have shown frustration towards
the Guardian ad litem's recommendations?
The
Judgment of this Guardian ad litem is clouded. Both the rules and
standards state that a Guardian ad litem must make well reasoned and
defensible recommendation regarding the best interest of the child
and be an independent voice, free of bias. In all three points it is
questionable whether the child’s safety was taken into
consideration. Certainly the 'best interest of the child' was
ignored. These points and others were cited in the complaint to Head
Judge LaVerdiere. He went through and weighed the rights and wrongs –
and in the end decided, upon consultation with the Guardian ad litem,
that this Guardian ad litem did nothing wrong. Well at least nothing
that would warrant even the light slaps on the wrist that Maine's
Judiciary has doled out to their GALs. You be the Judge and let us
know if the Guardian ad litem was right or wrong.
email:
MeGALalert@gmail.com
For
more information on the rules and standards please follow these
links:
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