An Act To Amend the Guardian Ad Litem Laws - Do you Understand?

There is a bill being that has been presented by our Judiciary that is impossible to understand:

LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws

This bill on Guardian ad litem reform seems innocent enough – if you do not really read through it. On the other hand if you try and understand what is being asked – it appears that the Judiciary is trying to pull a fast one on Maine’s citizens. In reading this bill it appears the Judiciary is asking the Legislature to give them a blank check. To turn the other way as they – the divorce industry, Guardians ad ltem and “stake holders” set the rules and oversight for Guardians ad litem. In almost 40 years the Judiciary, divorce industry and Guardians ad litem have failed to provide any measurable oversight and management of the Guardian ad litem system. It would appear that citizens of the state are being asked to believe in our court system to do the right thing.

Good intentions will not correct the problem that we are faced with. By letting the Judiciary take the process behind closed doors there will be no opportunity to correct the problems that we are all facing. To be more concerned with how the “stakeholders” feel is a sad commentary on Justice in Maine.  This bill appears to be bad for the people of Maine and good for those that make a living off of divorcing Maine families. We encourage you to write our Representatives and ask them to explain how this bill will benefit Maine families. If they cannot then they should kill this bill.

For more information and support please contact us at NationalGALalert@gmail.com or like us on Facebook for more up to date information.


Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
     senatorvalentino@gmail.com
  
John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
      SenJohn.Tuttle@legislature.maine.gov
 
David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
      SenDavid.Burns@legislature.maine.gov
 
Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
     cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov
 
Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
     kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov
  
Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
     dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov
  
Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
     matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov
  
Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
     smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov
  
Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
     Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov
  
Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
     jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov
  
Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
     mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov
  
Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
      RepAnita.Peaveyhaskell@legislature.maine.gov
  
Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
     repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov
  
Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
     waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov

An Act To Retain the Position of Parent Coordinator in the Judicial Branch

Thursday, February 21, 2013 1:30 PM, Room 438 State House in Augusta there is an opportunity for the public to let our representatives know your thoughts on continuing the role of Parental Coordinators. The current bill is slated to die on January 1, 2014 and for good reason this role within the Judiciary should be put to death. Consider the following:

1. There is no defined job description for what a Parental Coordinator can and cannot do. There are no limits or boundaries.
2. There are no rules by which a Parental Coordinator operates under or that are tied in with a job description.
3. There is no training that is governed by a job description.
4. There is no complaint process – The divorce industry and Judiciary will point out there have been no complaints against Parental Coordinators. For good reason – because there is no process to do so. We know of at least seven people who would complain against Parental Coordinators today if there was a process.
5. This is another form of Judicial Outsourcing with no oversight or management by those who would be asked to do so.
6. Parental Coordinators have immunity from any wrong doing and this is a problem because they essentially have immunity from everything. The role of Parental Coordinator has no definition as it would have with a job description to show how/ when a Parental Coordinator would and would not have immunity.
7. The Divorce Industry and special interest groups have convinced the courts Parental Coordinators act with neutrality and no bias for the child or parents. No amount of training will make for a totally neutral person. Personal bias will enter into any process and taint any alleged neutrality that one may have. Parental Coordinators will act contrary to their mandate – this is human nature.
8. There is no data to show how many cases current Parental Coordinators are handling and what the optimum case load is.
9. There is no data to show if there are problems and where those problems are – for instance are there certain Parental Coordinators that have complaints against them. Or how many cases are being handled by any given Parental Coordinator.

Given the very real problems that the Judiciary has with its Guardians ad litem it makes little sense to create another role which will have the same issues from the start as Parental Coordinators. One also has to question why an organization such as the Maine Guardian ad Litem Institute (MEGALI) has been so involved with wanting the role of Parental Coordinator to be maintained in light of all of the controversy surrounding Guardians ad litem – which they represent. Is it a coincidence that MEGALI President Toby Hollander and member Tobi Schneider submitted rules for Parental Coordinators this past summer? Was it in anticipation of the bill Rep Terry Hayes (Buckfield) and MEGALI member submitted to retain the role beyond the January 1, 2014 date? We may never know.

The public has an opportunity to put to death a bill that has special interest written all over it. Killing the bill will send the message that the Judiciary and special interest should get its house in order before making any new additions. That any future additions should be well thought out and include input from all interested parties. Not just those who will be enriched by the process.

Please write to the members of the Joint Standing Committee on – Judiciary to let them know how you feel about Parental Coordinators and the undefined, under managed role they play in divorce. This bill was going to die in 2014 – we should let it do just that.

For more information and or support contact us at either MeGALalert@gmail or ParentalCoordinatorAlert@Outlook.com. We can also be found on Facebook or Twitter for more up to date information about what is happening.

A link to the schedule can be found here. A link to the actual bill can be found here.


Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
     senatorvalentino@gmail.com
   
John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
      SenJohn.Tuttle@legislature.maine.gov
  
David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
      SenDavid.Burns@legislature.maine.gov
  
Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
     cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov
  
Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
     kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov
   
Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
     dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov
   
Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
     matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov
   
Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
     smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov
   
Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
     Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov
   
Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
     jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov
   
Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
     mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov
   
Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
      RepAnita.Peaveyhaskell@legislature.maine.gov
   
Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
     repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov
   
Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
     waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov





Governor Paul LePage

Office of the Governor
#1 State House Station
Augusta, ME 04333-0001

Wonderful Guardians ad litem according to Deputy Chief Judge Robert E. Mullen

Maybe the Hon. Robert E. Mullen, Deputy Chief Judge who gave a presentation along with Judge Susan Longley at the recent meeting of the Joint Standing  Committee of the Judiciary missed what has been going on this past year. If they are to be believed Guardians ad litem are wonderful and the noise currently being made by concerned citizens is limited to a handful of people. According to them.

A year ago there were only 5 people in the state that voiced concern about Guardians ad litem that we were aware of. A year later we know of almost 400 people who have been touched in a negative way by a Guardian ad litem. These are people from all parts of the state. They are children, parents, grandparents, friends and co-workers who have all experienced the pain that results from a Guardian ad litem that is under managed and with no oversight. One has to ask where Deputy Chief Judge Robert E. Mullen and Judge Susan Longley are getting their information? Are their opinions based in any kind of reality or fact? Or is it based on the bubblegum reality that the divorce industry paints for their constituents – the courts and those representatives that have a vested interest in perpetuating the money machine known as Guardian ad litem?

On January 31, 2013 The Deputy Chief Judge gave a presentation that covered much of what the Judiciary and those in the Divorce industry have told us before in the past. That there is a process for complaints. That there are rules and standards the courts and Guardians ad litem live by.  While all of this looks good to those of us looking in from the outside –  the reality of those on the inside is not as good or clear. For instance there is no process that explains what a lay person needs to do to file a complaint. The Rules and Standards which are displayed for everyone to see are meaningless words to be used at the courts convenience. There is no informed consent – so that parents know how the information they are about to give to a Guardian ad litem and courts can be used against them. How their Constitutional rights may be violated. These are just a few of the issues that the divorce industry have ignored or are blaming on the parents and families caught up in the process.

“Guardians ad litem are wonderful" according to  Deputy Chief Judge Robert E. Mullen but there is mounting evidence to show there are very real problems. The Judiciary has known since 2006 of problems with its rostered GALs and the lack of oversight and management of these court officers.  Some of the issues are listed here:

1. 2006 OPEGA report that highlighted 11 areas that need reform or correction 
2. 2008 report by Maine's Judiciary that pointed out areas of concern
3. The National organization First Start which has rated Maine with a ( F ) for three reports 
4. The National organization Center for Judicial Excellence which pointed out problems with Maine 
5. In less than ( 1 ) year over 400 people have come out to question the actions of Guardians ad litem in a custody dispute.
6. In less than ( 1 ) year over 60 consumer complaints about GALs that are rostered in Maine.
7. Chief Justice Saufley who spoke in March of 2012 and who pointed out some of the horrors that divorcing families have had to experience at the hands of Guardians ad litem – sexual abuse, questionable billing practices, predatory practice, lack of management and lack of oversight to name a few of the items from the list she presented.
8. 2012 May 31 in Portland at the court house there were numerous consumer concerns about the role of Guardian ad litem – with follow up letters to the Judiciary
9. For this legislative session ( 5 ) bills dealing with some aspect of Guardian ad litem reform have been presented.

One has to ask Deputy Chief Judge Robert E. Mullen and Judge Susan Longley if the situation with Guardians ad litem are really “peaches and cream” then where is the proof – that is proof other than the shop worn 'statistic' of two Guardians ad litem in five years having been disciplined. Currently divorcing families have a loaded weapon pointed at them if a Guardian ad litem is brought onto the case. With no limitations, controls and immunity Guardians ad litem will leave a path of destruction in their wake. All of this is done with the blessing of the courts and 'in the best interest of the child'. It is time to bring about reform so that future families are not crippled.

If you have or had an issue with a Guardian ad litem please contact us at MeGALalert@gmail.com. Like us on Facebook or find us on twitter.