Showing posts with label in the child's best interest. Show all posts
Showing posts with label in the child's best interest. Show all posts

Tuesday, January 28, 2014

"The snake goes into the hole"

- is what a young girl told her mother one night before taking a bath.

On another occasion this girl told her mother -

"I have to hold the snake until it dies" - one night while she was bouncing up and down.

Awhile later the Guardian ad litem did a home evaluation of both parents. During the visit with the father he talked to the Guardian ad litem about his daughters pet snake. When the Guardian ad litem visited with the mother - the mother voiced concerned about the "snake" at the fathers house. The Guardian ad litem brushed off the "snake" the daughter talked of - saying that the father and daughter were exploring nature. That the mother was letting her imagination get the best of her and it was of no concern.

If you were the Guardian ad litem - what would you do? Take the test to voice your opinion and to find out what happened - TEST. Don't want to take the test - follow this link to read about the outcome - NGAL Complaint

For more information on Guardians ad litem and Family Courts please email us at NationalGALalert@gmail.com or find us on Facebook.

Sunday, July 7, 2013

Maine is on the verge of Guardian ad litem reform - celebrate this change


Monday, July 8th is a day for Maine children and families dealing with some aspect of divorce, to celebrate. Against all odds, against our wildest expectations, in our first year of existence as "grass-roots" advocates, we have a comprehensive Guardian ad litem reform bill! And... believe it or not, Maine - dare I say it - is leading the country.

It isn't that other states haven't done bits and pieces of Guardian ad litem reform, a legislative "tweak" here or there, but, as we well know, all would-be "change agents" face awesome "headwinds". The opponents of Guardian ad litem reform as we know are truly formidable. The Guardians ad litem themselves, the family lawyers, the family court judges and the whole apparatus of the Judicial Branch, the infamous "stakeholders" know the system, know the existing law, are well organized professionally and have the financial resources to wage a political war.

But we have made good friends who have spoken the truth, ever more loudly....

We have an ever growing, much cherished group of Megalalert friends. We have bit by bit, using modern media, expanded our group, talked, shared and born witness to the horrors of a serious Guardian ad litem scandal in Maine's Judicial Branch. The Judicial Branch's Guardian ad litem program - with no oversight, no supervision and legal codes that have further re-enforced a lack of accountability - have pursued the self interest of its workers without visible restraint. And many children and their families have been badly hurt, as a result. Despite the very defensive claims of the Judicial Branch that it is about "bad sports", people who have had a bad custody decision, this has never been the focus of our issues. Our issues are about cruelty in decision making, ignorance in practice and blind greed. Our issues are about governing structures in the Guardian ad litem program that don't work, that fail the people who need them most. Our issues are about a Guardian ad litem program data base on sheets of paper  in cardboard boxes in district courts, which the Supreme Court can't regularly access for management oversight.  They don't know they don't know!

Our friends have courageously born witness in public, legislative testimony.

We now have an educated legislature that has full knowledge of the Guardian ad litem problems, thanks to yeoman's work by Senator David Dutremble, Representative Lisa Villa, Senator Linda Valentino and other members of the Judiciary Committee. We have a unanimous majority of the 35 members of the Maine Senate, who see the Guardian ad litem problem. It would be hard to find legislators in denial, after an awesome  "educational session" with Senator Dutremble!

It is about everyone speaking the truth about the problem with simple courage.

It is also about support from the Executive Branch of our government: meetings of the Governor and constituents on Saturdays, as people poured out their hearts about personal victimization by Guardians ad litem, and the Governor listened.  It is about Executive Branch participation in planning legislation from the first meeting in December 2012.  It is about personal calls from the Governor to constituents, urging them to overcome their fears and testify to the Judiciary Committee on March 28, 2013. It is about the Governor signing the bill on July 8th.

At its core, it is an improbable story of "the power of the powerless", the power of "Truth" that can't be silenced, about courage and determination.

And ... friendship!

For more information please contact us at NationalGALalert@gmail.com or like us on Facebook. In addition if you would like to express your opinion on the cost of Guardian ad litem service of the performance of a GAL. We would encourage you to take our survey. The results will be published later this summer (2013). The surveys can be found - here - Cost   Performance. Thank you.






Sunday, November 18, 2012

The Malfunctioning of Maine's Guardian ad litem (GAL) program

In 2006 OPEGA (Office of Program Evaluation and Government Accountability) did a report on the Guardian ad litem (GAL) system for the state. This came over 30 years after GALs were created as mandated by the Federal Government. From that investigation that was completed six years ago came 11 recommendations to help fix the problems that had been festering for so long. As was pointed out in the last post – none – of these recommendations have been acted upon.

One out of the 11 issues that OPEGA found with the Guardian ad litem program is addressed:

1. OPEGA found back in 2006 that GAL services were not being managed as a program with a focus on the quality and effectiveness of service delivery.

When OPEGA made the recommendations back in 2006 the Judicial Branch agreed to convene a task force to evaluate what OPEGA advised. October 2007 The Judicial Branch was to put forth its recommendations and how it was going to fix the problem. Five years later nothing has happened with the Guardian ad litem program and the issues that confront this very broken system. In 2008 Toby Hollander President of the Maine Guardian ad Litem Institute (the trade organization for Guardians ad litem – also known as MEGALI) basically reiterates what OPEGA had indicated was wrong in his “Proposal to Create a Guardian ad Litem Commission and Office of the Child's Advocate”.

In this proposal that Mr Hollander echoed the OPEGA report in that the weakness of oversight of Guardians ad litem was a major concern. Mr Hollander is quoted as stating “There is no ongoing supervision of Guardians. There is no effort to evaluate the quality or efficiency of their work.” One would think that in 2012 four years after his proposal that there would be more support from the Guardians ad litem that MEGALI fights for in the recent committee investigations in Guardian ad litem oversight and management. It should come as no surprise though that MEGALI and the Judicial Branch have walked lockstep perusing no change despite recognition that change is needed.

Since May 2012 we are aware of over 40 people, 40 families who have been hurt by these organizations. How many others during the prior six years or the 30 plus years before that have been harmed because the Judicial Branch and more recently MEGALI have chosen to turn away and do nothing to fix a problem – a problem that continues to fester?

If you have had issues with a Guardian ad litem or know someone who has. Please contact us for support at NationalGALalert@gmail.com or like us on Facebook

Tuesday, November 13, 2012

The Executive Branch of Government's Proposal for Guardian ad litem Reform

As citizens of Maine, we challenge the Judiciary and their political base, the divorce industry: Is there a single current report or any data whatsoever that shows where Guardians ad litem have had a positive influence on children and their parents? The Judiciary and the divorce industry repeatedly claim that there is no problem with the present GAL situation and their bland denial of a problem is not sufficient when the well being of our Maine children and families are at stake. If there is no problem as this group would have us believe then why is there such overwhelming evidence that contradicts their claim. Do a search on Guardian ad litem reform or problems and the searcher is faced with a mountain of information and reasons why there are problems.

These problems run the gamut from punitively high costs, to non-existant management and control to cases where the Guardian ad litem is blind to child endangerment. Least we not forget - the Guardian ad litem program is a state sponsored, state created and state perpetuated program which lacks any form of management as other state programs have. The Judiciary is a tax funded state agency. Is this lack of oversight in the "childs best interest"?

Maine produced an incredibly thoughtful report back in 2006 done by OPEGA (Office of Program Evaluation and Government Accountability). It is a report that highlighted many issues with title 22 (Children's Protective) cases. We feel, from our experience, that the issues brought to light are also directly relevant to all cases involving  GALs and are not just specific to title 22. The selection, training and functions of GALs are identical no matter what their work focus. The Rules and Regulations that are supposed to govern them are identical, and the complaint procedure, whatever it may be, is identical.

The 2006 OPEGA Audit on Guardian ad litem performance was the first and only Guardian ad litem functional evaluation in over thirty years. OPEGA made 11 sensible recommendations on how the Guardian ad litem program could be made more accountable. In brief the program suffered from a lack of any standard recognizable form of program management. In the six years since – none of the recommendations have been implemented by the Judicial branch here in Maine.

This should come as no surprise as the Judicial Branch has no management tools for oversight. In addition, they have to walk carefully to avoid offending their political base in the divorce industry, an array of powerful lawyers, Guardians ad litem, and others who make a rich living from divorce. They have dragged their feet on a problem that they are encouraged by their base to view as coming from just a few people. The Judicial branch and divorce industry have repeatedly pointed out that  there are only on average 13-14 complaints a year and that one or two result in any kind of action.

These threadbare numbers need to be put into context. Why are they so low? Does the Judicial Branch make it easy for consumers with legitimate issues to complain? Do they use complaints as a management information tool to correct Guardian ad litem practitioners, or to improve the program? We have followed some of these complaints, and the problems with the complaint process are obvious. No criteria for making a complaint, no instructions, no feed back and no opportunity to rebut a Guardian ad litem's denial. These figures have no weight at all. The Judicial Branch runs an undemocratic, unregulated, authoritarian system that is at pains to cater to the divorce industry. We can realistically expect no change in this 'modus operandi'. The Judiciary and divorce industry are unlikely to self-regulate in ways that will correct the problems and serve the public and our children.

The committee currently working with members of the divorce industry will make change - a word here and a word there. The changes being worked on by the industry and Judicial Branch will do nothing more than reinforce the status quo. Meanwhile the life-style of the divorce industry will continue riding upon the backs of consumers who must mortgage their homes, increase their indebtedness and worry about the future education of their children. Maine Guardian ad litem Alert has been made aware of over 40 reasonable complaints that stem from improper management of Guardians ad litem. This since May of 2012. It is interesting to note that 8 of these complaints  are against just 2 Guardians ad litem. There is a problem here and it is not limited to "just a few unhappy people" as one prominent Senator pointed out back in January 2012.

We encourage you to check out what OPEGA recommended back in 2006. The OPEGA recommendations need to be implemented, the entire Guardian ad litem program needs to be moved to the Administrative Branch (as other states have done) where there can be real program management.

2006 OPEGA – GAL Final Report


2006 OPEGA – Executive Summary


2006 OPEGA – Annual Report pages 19-20 extracted


2012 The Power of the Powerless


If you or someone you know has had issues with a Guardian ad litem we ask that you contact us at NationalGALalert@gmail.com

Saturday, October 13, 2012

The foundation for a GAL - a Job Description

A job description is like the foundation of a house. If you have a good and well built foundation the house that sits upon it will also be strong with few problems. If you have a poor foundation (or none), your house will, shift and shake, lack stability and have a lot of problems. Job descriptions are used almost universally throughout business, industry, government and elsewhere to put boundaries on a job, to describe roles and responsibilities, to give lines of authority and accountability. They are a key management tool. In normal oversight, managers ask, "Are you following your job description? You need to improve this or that part of your job description."

Maine's Judicial Branch is currently attempting to tackle the issue of Guardian ad litem reform. A  committee has proposed a complex new procedure for complaints about Guardians ad litem; another committee is currently addressing the issue of Rules and Regulations for Guardians ad litem. But ... er, folks, excuse me, there is no job description for Guardians ad litem. We have before us a collection of a new complaint procedure and new Rules and Regulations - both in search of a job description. There is no formal description of a Guardians ad litem job to which the Rules and Regulations can be tailored. No roles and functions, no lines of authority, no lines of accountability that are universally a part of a regular job description. There is also the matter of training of Guardians ad litem. In most settings in business, industry and government, the job description is the template, or basis, for job training and education. Training flows from the job pattern and re-enforces the job's roles and functions.

Great work, everyone. Now we just have to find a job that all this stuff will fit! It's doing things backwards.

No job description explains the current Guardian ad litem training design. It presumes a base of knowledge for which there is no evidence and adds a smidgen (16 hours) of social work and lawyer. Lawyers and Mental health or Social Workers have very different bases of knowledge, skill and experience. As one educator told us; education of Guardians ad litem is one root of the current Guardian ad litem problem. The "tap root" is no job description. Without a job description, it leaves the Guardian ad litem in the position of being all things to all people.

The problem is that, while fixing the Rules and Regulations may make the house look clean and polished, these Rules and Regulations have no job description as a grounded  foundation. The foundation is missing. In most settings Rules and Regulations would normally provide direction about how to play out the content of the job description. They elaborate on where the boundaries are located, and rules imply a problem when boundaries are crossed or ignored. They can be specific items reviewed in supervision and in internal organizational corrective action or in external complaints. But in the JB system, there is no supervision of Guardians ad litem, which leaves Rules and Regulations as a sort of disconnected, pious hope. An amorphous, very ambiguous claim of Guardians ad litem working in "the best interest of the child" – something that every parent is also doing – is not a substitute for an actual job description. There is no formal statement that defines who or what a Guardian ad litem is or does, their lines of accountability, their roles and functions.

A reliance on "works in the best interest of the child" as a job description accords the Guardian ad litem a magic mantle of omnipotence and omniscience that no other job in America holds, a sort of high priest/priestess accountable only to God, and the appointing court. Maine is faced with a huge problem with the Guardian ad litem system that starts with these questions: what are Guardians ad litem, what do they do, how are they trained, who has oversight of them, how is this exercised? A final very important question: are children and families safe as a result of their actions? And (this afterthought) why is everyone paying megabucks for this service?

Simply reviewing and rewriting Rules and Regulations for Guardians ad litem with no job description, does begin to address the core of the problem – just what is a Guardian ad litem?


Please let us know at MeGALalert@gmail.com what you think is wrong with the Guardian ad litem system. To find out more about what is wrong visit us at meGALalert.blogspot.com.

Sunday, October 7, 2012

The Judiciary and Maine Guardian ad Litem Institute say this is an improvement

Making an official complaint about the Guardian ad litem who has worked with you and your family is a daunting process. It forces you to deal with the Judicial Branch of our state government, which is an unfamiliar organization and an unfamiliar activity for most people.  You have to guess what they will agree is a valid complaint. At the moment, unlike the state of NH, our Judicial Branch gives no instruction about how to. The current complaint process simply says, if you believe that a Guardian ad litem has not acted in the “best interests” of your child, you may make a complaint to the Chief Judge of the District Courts. It has been a most frustrating process for most grassroots consumers. The answer from this process seems to be inevitable: dismissal - without reasons given or without a chance to participate in the investigation or rebut the Guardian ad litem’s defense.

But ... in response to public pressure, the Judicial Branch has just finished drafting  a “new" complaint process concerning Guardians ad litem. In our view, it is NOT an improvement over the old procedure.  Unless... you are planning to go to law school for instructions in how to use this new complaint procedure by yourself. It was designed in 3, 2 hour meetings by a committee of 20 persons, all but one are called,“stake holders”, read: members of the divorce industry; District court judges, family law lawyers, and Guardians ad litem. Given their special interests, they did a terrific job of “bullet proofing” Guardians ad litem from public complaints.  

The Judicial Branch has settled on a process that is not consumer friendly, but it is very Guardian ad litem friendly. Its fancy legalistics make the current process look like a primitive bow and arrow approach.  It has been endorsed by 19 of the 20 Judicial Branch Committee members (one public member dissented in a “minority” report). It now goes to the Judiciary Committee of the Legislature for approval. We sincerely hope that it isn’t approved.

The basic structure of what is being proposed adds several layers of complexity and will take considerable time to complete. It will be administered by The Overseers of the Bar, which is under the Judicial Branch.  As we understand it, the steps one would have to go through would roughly follow:

  1. File your complaint in writing (no instructions yet), and a staff lawyer on the Overseers of the Bar will review the complaint to decide whether or not it has merit, and you will be told why. If it is felt to be without merit, then the complaint would die here. If it is felt to have merit, then it goes to a panel, a committee, the majority of whom are Guardians ad litem.  Consumers are also on the panel buy in a minority position, and we don’t know how consumer is defined: friends of Guardians ad litem or consumers who will advocate for the public?
  2. The first Panel - would review the complaint and conduct an investigation of the complaint. This process could take anywhere from one month to five or six. If the first Panel determines there is no merit to the complaint, it is rejected and the reason for rejection is sent to both the Guardian ad litem and complainer. If on the other hand the complaint is accepted, then it goes to the second Panel.
  3. The second Panel - would review the complaint independently and conduct an investigation of the complaint. This process could take anywhere from one to (unknown) months. If the second Committee determines there is no merit to the complaint, it is rejected (dismissed). If on the other hand the complaint is accepted then it goes to what would amount to as a mini trial.
  4. The Mini Trial - Both sides would come together to plead their case. You as the person who filed the complaint would have to prove that the Guardian ad litem had abused his/ her position/ role. The Guardian ad litem would have to prove nothing. The burden of proof is on the one complaining. If you were not able to prove your case the trial would end end the complaint would be dismissed.

In all fairness, we may have some of this legalistic tangle wrong. Our excuse is that we haven’t been to law school yet, but we’re considering it! Our own difficulty in understanding this process, as informed consumers makes the point that it is indeed confusing. As a consumer - would you feel comfortable when faced with such a daunting labyrinthine task as we understand it?

The Judicial Branch, in proposing this complex, lengthy  process, is saying to the public that they want nothing to do with oversight. That the responsibility falls squarely on the shoulders of the consumer to determine quality of their officers of the court. Can you prove we have a defective officer of the Court to two Panels of other Officers of the Court?  It is a tough assignment!  Can anybody do it?

As the consumer filing this complaint you quite possible will want to hire a lawyer. That will cost you the time and expense. An additional detail:  the Judicial Branch is asking to TAX every divorcing couple $100 to cover the cost of this extremely user-unfriendly process. Imagine the next time you go to a store and purchase something and being told that you are going to be charged extra - to cover the cost of any potential complaint you may have. The consumer who has little or no experience with this type of system that is being proposed will probably back off of the complaint because of the daunting process before him/ her. Is it any wonder that there have been only 2 complaints a year? This is a good way to make sure there are no complaints.

We urge consumers to ask their legislators to fight this Judicial Branch proposal. We urge consumers not to use it if it is approved. If you have had issues with a Guardian ad litem please contact us at MeGALalert@gmail.com.

Tuesday, October 2, 2012

Maine's courts as personal bill collectors for GALs


 If you visit the Maine Guardian ad litem Institute web site and read their Mission Statement you will read about the noble cause that they have taken up for the child who finds him/ her self in the middle of a dispute between parents. The inference is about the compassion that they, as the Guardian ad litem trade organization, have for the child and the support that they give each other. It is in the Mission Statement that we see what Toby Hollander's Institute is all about. It is about the "compensation for those individuals serving as Guardian ad litem and providing mutual support and assistance on issues relating to the work of Guardians ad litem."

Currently, there is a case that was slated to be heard in the highest court, in which  we see the kind of support that the Guardian ad litem Institute gives to the rank and file. This case is about how the Institute advocates for the use of coercion by the courts to force a parent to pay for a Guardian ad litem services. That the Institute - in support of a particular Guardian ad litem - is  adding its voice in asking the court to have a parent thrown in jail, for non-payment of a GAL's bill. This seems to be one unappealing  interpretation of the Institute's Mission statement.  It is about Guardian ad litem compensation. In the end, it is not about what this court officer can do for the child. It is about what the court can do for this court officer - even if it means a parent is behind bars. One has to ask, how this kind of action is going to improve the welfare of a child? It makes one wonder about the bottom line; whose interest Maine's Guardians ad litem are really looking out for - theirs or the child?  And where are the courts when the public needs them?

It is planned actions like these that give the Maine Guardian ad litem a black eye. When they use the courts that they work in as "officers of the court" to be their "power bill collector" it may be legal, but it looks unfeeling. It looks like they are using their professional role connections for personal benefit. We feel that the Maine Guardian ad litem Institute has some serious public relations and identity problems. Do they want to be "part of the solution, or part of the problem?" Liens,  garnishing and jail for contempt don't cut it!


It you are having issues with a Guardian ad litem institute we encourage you to write to us. There are currently over 40 complaints about Guardians ad litem that we are aware of in the state of Maine.  The list continues to  grow. Is your Guardian ad litem part of this list? Please contact us at MeGALalert@gmail.com.

Sunday, September 30, 2012

Do you know how Toby Hollander and the Maine Guardian ad Litem Institute feel?


Stay tuned as we expose what concerns the Maine Guardian ad litem Institute the most? Money, power or influence? Find out how Toby Hollander and the Maine Guardian ad litem Institute really feels about you...... The consumer.....

in the next 24 hours....





Thursday, September 27, 2012

Maine's Courts are making GALs Bullet Proof from Complaints

Maine's Judicial Branch is in the final stages of fine tuning a "new" Guardian ad litem complaint process.  From a review of this “new” proposal,which must go to the legislature for approval, we would say that the JB has done a masterful job of protecting Guardians ad litem, also known as"officers of the court".  The draft proposal, if it goes forward as is, will virtually guarantee each and every GAL that no complaint from the public will ever touch them.  They can remain free and  totally unaccountable.  It will be a huge relief for many Guardians ad litem whose activities have been the subject of much public anger about a malfunctioning GAL system and public calls for reform of the program.  No public complaint will break the tight legal barriers of the "new" complaint process, which appears even more likely to dismiss all complaints than the Judicial Branch's "old" complaint process.

Whew!  Looks like Guardians ad litem dodged that bullet!

It is a triumph of "foxes" designing security systems for the "hen house".  Credit must go to Justice Warren Silver and his committee of 20 who worked on the plan for an “open, fair process” for complaints about Guardians ad litem.  The huge preponderance of this 20 member committee were what might be called the Judicial Branch's core political  "base", Guardians ad litem, friends of Guardians ad litem, family court judges, and lawyers in the divorce "trade".  There was one lone member representing the public interest in this process.  There had been earlier talk of three public representatives, but, hey, why trouble the public about this sort of thing?  What does the public know anyway?  One public member should be plenty!

One of the curious paradoxes about this committee with a "reform" mandate from the Chief Justice was that the majority of the members openly (and sometimes heatedly) expressed their feeling that there was "no problem" with the system, especially the current complaint process.  Many felt the push for change was the result of political action by a small, noisy group that didn't reflect the views of most people using Guardians ad litem in their divorce. One family lawyer was vehement in his views about clients who want to complain: "Make them pay!  It's about ego!"  And ... the committee proposal does follow his strongly expressed suggestion. Those who use Guardians ad litem in their divorce will pay an upfront "tax" to support the complaint process and another fee for making a formal complaint.

Make ‘em pay!

The complaint process itself will be housed in the formidable bastion of the Overseers of the Bar and administered by them.  An administrative lawyer will do a screening check on all public complaints. If these complaints are felt to have merit, they will be passed on to a 12 member "volunteer panel" for determination of action on the complaint.  But ... what a panel!  10 Guardians ad litem and two members from the "public".  We're not sure what "public" means (friends and families of Guardians ad litem, agency people or Mr and Mrs “Grass-roots America”?).  We're wondering why 2 members of the public? For true GAL peace of mind, one or, better, none, should suffice.  Keep it a friendly little group of  like-minded colleagues.

Consumer protection?  Please, just trust the integrity of the JB, and its GAL "officers of the court".  We consider that our whole operation is about consumer protection.  Just take property liens, garnished wages and jail! These protect consumers from breaking the law for non-payment of their GAL’s bills. We protect consumers all the time.

Er, ...  do Guardians ad litem know how to judge their peers, or have they any experience in self-policing?  Do they even know or follow their own Rules and Regulations?   Do they have any experience with “consumer protection” issues? No, but that means they will be more spontaneously  empathic and “culturally sensitive” to colleagues who are beset by complainers and bad sports.  They are not bogged down by knowledge.  Dismissed, dismissed, dismissed!   What training does it take to say, “Dismissed”?  These complainers wanted change. You can be sure we'll give them “change”, but our change may not pan out to be what these “bad sports” wanted!

As you can see it is an elegant judicial sham.  It uses the ‘gravitas’ of the Overseers of the Bar to cover a heavily weighted panel of 10 Guardians ad litem whose threadbare training and experience  give them no preparation to address consumer complaints about malfunctioning colleagues and friends. But ... it takes no experience or education to say, “Dismissed!”  It is in essence a mini court trial in which “the burden of proof” is on the consumer.  Prove beyond a shadow of a doubt that you got a “lemon”.

How on earth  did we end up in a formal courtroom type of  process when we wanted to report vocational malfunctioning to the workers overseers? All we wanted was corrective action from those in charge at the JB.

Given that Maine’s licensing boards offer  consumer protection and consumer friendly models for addressing malfunctioning professionals, one has to ask:

Will the legislature buy these new “bullet proof vests” for Guardians ad litem with public money?

Tuesday, September 25, 2012

Are Maine's Rules and Standards for GALs just Window Dressing?

Maine's Judiciary has Guardian ad litem Rules and Standards on their web site.  They state quite clearly that the Supreme Judicial Court “has adopted Rules and Standards of Practice for Guardians ad Litem in Title 19-A and Title 22 cases.” In other words the Guardians ad litem that they roster – or give their seal of approval to, must abide by these rules and standards. Or does it?

What is the reason for posting these Rules and Standards for the public?

  1. They are posted to help the public understand how a Guardian ad litem is supposed to operate. They are the law in which they and the Judges that manage them must operate within.
  2. They are posted to help the public understand the role of the Guardian ad litem. These Rules and Standards though are applied when convenient for the courts to use them. How and when they are used is kept from the consumer as they really do not understand this type of thing.
  3. The Rules and Standards have been posted for the public’s benefit to give a warm and fuzzy feeling. The Rules and Standards in reality have no meaning and the court all but ignores what is written.

Although it is possible that of the three examples there have been instances where the first was actually applied – it is not known when that may have been the case. The second example like the first is non-existent. With the third example there are numerous instances that can be found dating back to 2003-04 (and possibly before) where Maine's Courts and Guardians ad litem have chosen to ignore the Rules and Standards. What does this mean to the consumer of this system that experiences a Guardian ad litem that operates outside of these rule and standards and you complain about him/ her? It means that the Judiciary has no interest in correcting the behavior of its own but will correct your behavior if you cause too much trouble.  Maine's Judiciary has ignored a problem that has been around for more than a decade. How many people have been hurt by the resistance to admit there is a very real problem? That is something that we are only now just beginning to see.  The current window dressing for oversight and accountability that we have seen is just that – Window Dressing – to satisfy the rank and file so that at the end of the day they – Maine's Judiciary, Judges and Guardians ad litem can path themselves on the back and say they did a great job helping out those poor consumers. Maine's Judiciary, Judges and Guardians ad litem are in need of a little reality and accountability.

If you or someone you know has been hurt in a divorce where a Guardian ad litem was involved please contact us at MeGALalert@gmail.com. For more information please visit us on Facebook at NatGALalert
To view the current Rules and Standards published by Maine's Judiciary please follow these links:

Rules

Standards

Saturday, September 22, 2012

Sorry, GALs, the Days of Wine and Roses are Numbered

A plumber will pay $100 or more for their license. This same plumber needs 1 year of technical college and must pass a Journeyman Plumber exam. If you pass the test you must work under the supervision of a Master Plumber for 2000 hours to take a Master Plumbers exam.  The technical education and the supervised practice are to protect the public and to assure the  quality of plumbing professionals.

If you want to go lobstering you must pay $125 for the license and then it is .80 cents per tag. The potential Lobsterman has to be an apprentice for over 1000 hours to obtain the license.

In the State of Maine you have to have a license from one of the Administrative Branch  licensing boards if you are an Accountant, Doctor, Alcohol and Drug Counselor, Therapy Assistant, Oil and Solid Fuel Technician, Physical Therapist, Social Worker and more than 50 other professions.  These licenses are mandatory if you are to work in the specific profession. The government requiring a license for these professions means that as consumers we can rest assured that the professional person dealing with you has a minimum of training. That there is some form of  regulatory oversight of the occupation involved, because the trade or profession requires some type of specialized skill for the safety and well being of the public. Government and society have deemed that we do not want charlatans delivering  "free-for-all" services, and licensing with testing, continuing education requirements and periodic  license renewal is an accepted method of regulation and oversight. The board that grants the license is also the regulator .

Then there are the Guardians ad litem "professional". These "professionals" are "trained" for 16 hours. Unlike the other professions that have to be licensed the Guardian ad litem does not, nor are they tested on what they learned in the 16 hours. They do not have to apprentice under an experienced Guardian to learn the applied ropes of practice. Guardians ad litem do have continuing education requirements. While one would hope  that the courses for continuing education would be related to the work - from what we have seen this is not always the case. Unless bill collecting and practice management are considered essential technical courses for a Guardian ad litem. Maybe bill collecting is essential as the bills often put parents into bankruptcy.  Then, unlike other professionals  whose license are dependent on continuing education, Guardians ad litem in Maine can fulfill their continuing educational requirement through the Maine Guardian ad litem Institute (MEGALI). This is the  trade organization for the Guardians ad litem and an unregistered lobby for them.  We hear that it wants to be officially sanctioned to provide the required continuing educational experience. This trade organization has no oversight as an educational institution.  It simply decides what courses to market and sells them to members for continuing education credits.  No one supervises these courses, or evaluates their usefulness for job performance.   Without oversight they could hypothetically offer a course on the interior decoration of a Guardian ad litem's office, for 6 CME credits.

There is a very real need to have Guardians ad litem licensed by a professional board with experience in doing this - one with a consumer protection focus.  It should not be done through the Judiciary, which lacks experience in consumer protection and oversight. There is also a very real need to have the continuing education revamped and managed though a University or Community College. There is a desperate need to provide an educational experience that has substance and a job-related focus for people interested in becoming a Guardian ad litem. If Maine continues on the present course without change,  it is guaranteed that future Guardians ad litem will have continuing, severe issues and conflict with those they are supposed to be working for and with.

If you have had problems with a Guardian ad litem or want more information about the issues surrounding this profession please feel free to contact us at:
MeGALalert@gmail.com

Monday, September 17, 2012

Maine Guardians ad litem Oversight, Training and Accountability

A Guardian ad litem is created by Maine's Courts- from start to finish - with a mere 16 hours of training and a notebook. After this, a  Guardian ad litem is let loose on Maine's unsuspecting public and able to charge $125-$200 per hour.  There is no cap on their charges, no restriction of their activities, no enforcement of the rules they are supposed to follow, no supervision and no oversight.  Unbelievable?  But true!

If in the course of a custody battle you ask for a Guardian ad litem be thankful if you have one assigned that is fair and neutral and that follows the "Rules and Regs" for GALs. If you are unlucky  then be warned that it will be almost impossible to remove the Guardian ad litem. Filing a complaint about a GAL will also be useless.  There are no instructions, no guidelines for consumers to follow and no help from the Chief Judge's office.  Under the current system, Maine's courts look at a complaint from a legalistic standpoint, like an adversarial challenge- and not from a consumer's point of view as a call to a manager to investigate vocational functioning . Currently complaints will resolve nothing in terms of seeking to manage or to correct the behavior of the Guardian ad litem. Maine's courts do not understand the concept of consumer protection from flawed workers. Instead Maine's courts respond to consumer complaints with a process that protects the GAL as "an officer of the court".  It is like trying to remove a judge!

Guardians ad litem can bill what they want and for as much as they want. They do not have to justify their billing and may use the courts in which they work to collect their bills or set penalties for slow payers. Oh, and let's not forget that these bills cannot be discharged in bankruptcy court (there is a good chance you will find yourself there as a result) - and the courts could have you jailed for failure to make payment.

Accuracy and first hand evidence aren't necessary for these "16 hour wonders" to do their required reporting to the courts. They can present hearsay evidence  as fact and most courts will accept it. They do not need to be factual in the work they do and this will slip by unchallenged. Guardians ad litem can make wild speculative claims about events that may/ or may not happen in the future, sometimes referred to by informed critics  as "junk science". The courts will accept these "junk science" claims as fact - and, worse, base judgments on them. They can choose to ignore serious health and child endangerment  issues, and the courts will not enforce the fact that failure to report dangers to children is a violation of state law and is mandated reporting. GALs can endorse social behaviors that most normal people would find shocking and Maine's courts will accept this lack of common sense, if the GAL puts a "junk science" spin on it. The Guardian ad litem system and Maine's family courts frequently appear to have lost any common sense.

Maine has a serious GAL problem that has kept the state in the bottom of national rating systems for years. The role of Guardian ad litem will not go away and change is opposed by GALs.  Further, they are aligned with powerful political forces that fight GAL reform.. The Guardian ad litem Institute and some of its members, who are in Maine's legislature, will lobby to keep things the way they are.  $125 to $200 per hour, no supervision, no enforcement of rules and regs., no oversight looks pretty good!  Why change a "good thing"?. Many of these people are blind to the hurt and anger they are causing - looking down on the public they are supposed to serve and blaming their client for complaining. They are wrong and there is growing public and consumer sentiment to back this up.

Monday, September 10, 2012

Petitioning State of Connecticut Judiciary Committee

State of Connecticut Judiciary Committee: Reform the State's Horribly Corrupt and Broken Guardian ad Litem System

Reform the State's Horribly Self Serving and Broken Guardian ad Litem System


Connecticut's Guardian ad Litem system is horribly broken. Judges are routinely raiding children's college funds, parents’ retirement accounts, and every other asset a family may own and diverting it into the hands of Guardian ad Litems who operate without a system of checks and balance and without accountability. 

Full story and to sign the petition: Guardian ad litem reform Connecticut

Sunday, September 9, 2012

Family Courts and our Children..... Is this how Justice is served?

Guardians ad litem, Judges and quite a few Family Lawyers consider the Maine Guardians ad litem issues that have been widely reported not to be a big problem. Or that is has been hyped by people who have special interest and as a result they are stirring things up. Quite often it is pointed out that these people have a gripe about how unfair the final custody agreement is set up as. Or finally that there is not much of a problem because there have only been 2 reprimands in the last 2 years. All of these themes are repeated over and over despite the facts which contradict these claims and despite the fact that Maine's Judicial Branch has shamefully little actual data. It's about "please, don't confuse me with the facts"!

We are presenting a short list of some of the GAL issues consumers have had to deal with. You be the Judge and tell us if you feel Maine's courts were doing their job by allowing these things to happen with no GAL oversight- What follows are from cases both ongoing and finalized.

  1. The Guardian ad litem recommended a child's best interest is served by a parent that has a history of mental illness - the other parent does not.
  1. The Guardian ad litem indicated that there is nothing wrong for a four year old to go to a bar late at night and witness violence and bad words. This came from a senior member of the Guardian ad Litem Institute.
  1. The Guardian ad litem indicated that if a parent went to jail the child would grow up to become the next unabomber. This came from a senior member of the Guardian ad Litem Institute.
  1. The Guardian ad litem took no action when it was brought to her attention that a young child suffered cigarette burns. The Guardian ad litem did not report this to DHHS as stated under the Rules for Guardians ad litem. Nor did this Guardian ad litem show she was protecting the interest of this child.
  1. The Guardian ad litem made a diagnosis of a child's current and or future condition. Guardians ad litem do not have the authority to make a diagnosis nor do they have the training to do so.
  1. A Guardian ad litem recommended that a 3 year old child was better off living with the father over the girls grandparents. The father has a history of drug use, jail time and has sexually molested his child. The grandparents are respectable people. The Guardian ad litem did not protect the interest of this child.
  1. In numerous cases the Guardian ad litem has shown disrespect to a trained professional who has a background in child psychology by disregarding professional opinions, or seeking an opinion from another professional that would better fit the GAL's personal biases. This is contrary to the rules which state that a Guardian ad litem must work effectively with other professionals in the assessment of the child or parties to a case.
  1. The Guardian ad litem failed to meet the child or the child and parent in a timely manner and failed to form a relationship with the child whose "best interest" they were claiming to serve. This is contrary to the rules for Guardians ad litem.
  1. With numerous Guardians ad litem a parent has been made to jump through expensive unnecessary clinical hoops - anger management assessments and psychological evaluations without any clearly specified reasons for the referral from a trained professional, to name a few. These referrals were made by the GAL alone and were done with no reason, no goals and no time lines for duration.
  1. In being a reporter of the court Guardians ad litem are supposed to establish a relationship with the child(ren) in the case. Often the Guardians ad litem with feel that they know the children enough to make life altering decisions after only 20 or 30 minutes. In one case the Guardian ad litem made life altering recommendations without ever having met the child in question.
  1. With numerous complaints against Guardians ad litem there are claims of bias and the GAL failed to offer objective reasons for recommendations or actions. Guardians ad litem are supposed to be neutral reporters for the court.
  1. With numerous recommendations that Guardians ad litem have filed in courts - one of the common complaints is the accuracy of information contained in their report. For instance we have seen the following:
  • Bills that are not transparent and impossible to understand.
  • Names that are not recorded correctly.
  • Time lines that are not accurate.
  • Dates that are not accurate
  1. Facts that are wrong, which the GAL refused to correct despite objective evidence. As a reporter of facts these Guardians ad litem failed to fulfill their most basic job requirement.
  1. In numerous cases the Guardian ad litem had ex parte communication with the Judge. While this is allowed by the courts it is also stated that in fairness the Guardian ad litem must let the parties know of this communication - unless it is not 'in the best interest of the child'.
  1. A Guardian ad litem knowing that a parent was incapacitated by prescription medications for several days out of a month felt that the young child was better off with this parent. The other parent had no history of drug use, mental illness nor violence.
  1. In several cases the Guardian ad litem contradicted his/ her self on visitation recommendations. Changing what had been agreed upon. This often at the last minute and with no notice to the affected party.
  1. The Guardian ad litem coached a parent on a psychological evaluation. This after he had already taken one and the results were not satisfactory. This action came from a senior member of the Guardian ad Litem Institute.
  1. A Guardian ad litem producing a bill that represented 26% or the combined income of the parties involved in the divorce.
  1. Limiting the time allowed with one parent - thus harming and in some cases destroying the bonds between parent and child. This being done contrary to M.R. Civ. P.Section 1653 (1) - "to assure minor children of frequent and continuing contact with both parent after the parents have separated or dissolved their marriage and that is the public interest to encourage parents to share the rights and responsibilities of child rearing to effect the policy.”

Maine has the distinction of being at the bottom in terms of our children. Is this really the way life should be for our children? Is this something that we should be proud of? Yet there are forces that are resistant to the thought of change. These are the same people who are and have been telling us there is no problem. Please contact us at MeGALalert@gmail.com and tell us your story.

Wednesday, September 5, 2012

Maine's courts ignore Rules and Standards for Guardians ad litem

The Rules and Standards for Guardians ad litem are posted on the Maine's Judiciary web site. The rules and guidelines are there for the public to view. To help them understand the process that the courts and Guardians ad litem must go through and adhere to while caring out their job and responsibilities.

Unfortunately when it comes to the Rules and Guidelines it is not known whether Maine's courts and Guardians ad litems really must follow them. In the past two years there have been 28 complaints that resulted in 2 reprimands. One written the other verbal which eventually resulted in dismissal of those Guardians ad litem. Guardians ad litem and the trade organization Maine Guardian ad litem institution point to this static as proof that the current system is working the way it is supposed. What we are not told is the reason for these dismissals.

The two reprimands had nothing to do with:

  • A child being burned by cigarettes – Section 6 (6.1) Mandated reporting: Where a “Guardian knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected” is supposed to report to DHHS and it is not.
  • A Guardian ad litem must meet and establish a relationship with the child(ren) in any case. Section 2 (2.2) “Meet and Interview Child. Establishing and maintaining a relationship with a child is a foundation of the Guardian's duties.” - 30 minutes with a child does not constitute a relationship with a child(ren). Yet many Guardians ad litem only meet with child(ren) for not much more than this.
  • Under the rules section 3 (3.2), (12) “Working effectively with other professionals involved in the assessment or treatment of the child and/or parties to a child's case” - Guardians ad litem often use psychological testing as a weapon to control a party. This is often used time and time again against the party in question. If the party in question refuses the Guardian ad litem will use the court to force the issue. The use of professionals or programs by Guardians ad litem are without boundaries, goals or endings. They pose a huge financial burden on the party that it is being used against. This is not working effectively.
  • Guardians ad litem often do not explain the court process to child(ren) as they are mandated to do under section 3, (3.3).

We have on file over 25 complaints against Guardians ad litem that have merit. These are not complaints where the person complaining is upset with the outcome. These are complaints against the process that was used. These are complaints that we have collected since June 2012. These complaints under the current broken system would all be rejected and the Guardian ad litem would be exonerated. Maine is at the bottom for a reason. It is not because, as some would have us believe, that they system is working as it should. Maine is at the bottom because the Guardians ad litem operate in a system where they can do what they want with no repercussions.

For more information contact us at MeGALalert@gmail.com

Tuesday, August 14, 2012

Employment opportunity helping Maine's children $100 - $200 per hour!!!

Do you want a high paying career with the potential of earning between $200,000 and $400,000 a year? Can you sit through 16 hours of lectures over three days? If so then you can become a Guardian ad litem and work for Maine’s Judiciary.

The benefits? A binder with loose instructions on what a Guardian ad litem must do. No supervision. No worry about making mistakes. Best of all knowing that Maine’s Justice system will force collection on any bill that you present!

The above ad is made up and is not all that far from the truth. In the state of Maine if you are a lawyer or social worker you can easily become a Guardian ad litem. To do so requires only 16 hours of lectures. There is no test in the end to see if there is an understanding of the concepts discussed, there is no mentoring program administered by the courts. You walk out with only the lecture and a loose leaf notebook to start your career. Upon becoming a Guardian ad litem you can count on Maine’s Court system backing you up. Your recommendations no matter how over the top they may be will be accepted as fact. In no other court that we are aware of is hearsay accepted as fact. As a Guardian ad litem if you have issues collecting from one or both parties involved this is not a problem because Maine’s courts will force the parties to pay by garnishing wages or putting a lien on your home to name a few of the strong arm tactics employed by the courts. There is no step that is too extreme for Guardian ad litem bill collection – keep in mind that it is all done with the child’s best interest. Finally, the role of a Guardian ad litem can profoundly change the way a broken family interacts, and what you do is protected with immunity by Maine’s Court system. It is impossible to remove a Guardian ad litem in this state. Any complaint no matter how horrific the Guardian ad litem may have been is a wasted complaint. Currently there is no functional due process for families.

Maine’s Court system is currently going through a process of trying to repair issues with the Guardian ad litem program. Although the Judicial Branch should be applauded for its efforts in trying to fix many of the problems it should be pointed out that it has taken years to get to this point. It has taken far too long, and there have been many families hurt by a process that is meant to help, but by design only hurts. Maine’s families have suffered enough.

Please contact us at MeGALalert@gmail.com if you have had issues with a Guardian ad litem.

The content on this site is for informational and educational purposes only and should not be considered legal advice

Saturday, July 28, 2012

When is Burning a Child with a Cigarette Okay?

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:


Tuesday, July 24, 2012

Late night bar hopping with a four year old

Is 'in the best interest' of the child according to one of Maine's Guardian ad litem's


As a parent if your four year old child came to you and told you she was scared of being in a situation your ex put her in what would you do? If your child was taken to an adult environment, a bar, late at night where there was loud music, alcohol and intoxicated adults involved. What would you do?  Would it make a difference if you were involved in a divorce and custody battle?

Most parents would try to take some kind of protective action for their child. If a Guardian ad litem was involved – you would complain to them; after all, that is what they are put in place for. Clearly a child (no matter what the age) being put into an inappropriate adult situation is not in the child’s best interest. Nor does the child feel emotionally safe. Common sense would dictate that this child (or any child) should be protected and removed from this situation or environment.

There is an actual case in Maine that has gone through the courts where common sense appears to have been thrown out the window. The Guardian ad litem in question is said to be one of the most senior Guardians ad litem in the state and is also a member of the Guardian ad litem Institute (the trade organization that promotes the interests of Guardians ad litem in the state of Maine). This Guardian ad litem has had criticism about her handling of other cases, in which there have been complaints against her. Her Judgment clearly seems questionable and; for that matter, the Judge who is reported to have agreed with this Guardian ad litem also seems off base.

The child in question told her father that she felt scared being in the bars to which she was taken by her mother. She witnessed fights and yelling, and her mom's boyfriend being pushed around. “Bad words” were often being said between people. When the father brought this to the Guardian ad litem's attention (the person who is supposed to be looking out for the best interest of this child) – the Guardian ad litem stated that the father simply did not trust that his four year old daughter was in good hands. The father, concerned for his daughters safety, continued to make his point and express his concern. His concern was not taken seriously by the Guardian ad litem. Instead of investigating whether or not the situation of a child’s late night visit to bars was good for the child, this Guardian ad litem continued to blame the father for trying to cause trouble.

How are we to believe, as this Guardian ad litem and the Judge would seem to be doing, that this little girl's 'best interest' was served by late night visits to bars that she found frightening? What about her emotional  safety? Is this kind of place a good moral environment for children? To say the least of what this child is learning from the experience? We would say that common sense was not used by the child’s mother nor by the Guardian ad litem for that matter. Sadly, this type of poor judgment is frequently seen with quite a number of Guardians ad litem in the State of Maine. Examples like this are the reason why there is now - and has been - a very real need for Guardian ad litem reform in Maine. Too much time has passed and too many families hurt by Guardians ad litem and the courts that 'manage' the Guardians ad litem. This should not go on any longer. Please contact us if you or your child have been hurt by the poor judgment and lack of common sense of a Guardian ad litem.

NationalGALalert@gmail.com

Sunday, July 15, 2012

The 'Dating Game' - Maine Guardian ad litem style

Custody tensions can be hard enough without the 'help' of a stranger coming in and making recommendations based on a bizarre and abstract idea that has no clear foundation other than that person's opinion.

For the past several years that Guardian ad litem role expansion has been what Maine’s Justice Saufly (and others) call "mission creep" in the role of Guardian ad litem. Going beyond what the courts have mandated and beyond the scope of these Guardian ad litem's professional training. One area of "mission creep" is that a Guardian ad litem has no right to prescribe unusual social behaviors in managing the lives of divorcing parents and their child.

There is one case that has made its way through the court system where a Judge has made history. The Guardian ad litem working this case has essentially recommended that the parents (both of them have remarried) start 'dating' allegedly 'in the child’s best interest' (the Guardian ad litem has rewritten to state that monthly 'meetings' are recommended – whatever it is called by the Guardian ad litem it is not something the Guardian ad litem has any authority nor mandate to recommend). What is interesting is that this Guardian ad litem has no background in psychology and is stretching the Guardian ad litem role way beyond any Maine statutes.. It is a Guardian ad litem as a law unto him/herself. As this Judge has endorsed the recommendation he/ she is in effect giving approval to court ordered dating for divorcees in the State of Maine. An embarrassing first in the United States for Maine and our court system.

According to rules for the Guardian ad litem section 3, 3.2, 12 (a) “Working effectively with other professionals involved in the assessment or treatment of the child” is something that can apparently be ignored by Guardian ad litems if it does not fit their personal opinion of the “child’s best interest” in any situation. This Guardian ad litem is imposing his/ her surreal bias on the situation and in opposition to the opinion of a licensed mental health professional, to say nothing of the wishes of one of the remarried parties. It is a do your own thing plan of action. This Guardian ad litem has no mandate nor training (nor does any Guardian ad litem in the State of Maine or in the US) to recommend this course of "over the top" action. What the goal of this situation is, is hard to understand - other than the claim that it may meet some need of one parent over the other. This and a totalitarian mind set on the Guardian ad litem's need to impose his/ her will. It would be laughable, as a bad joke, were it not so destructive of the lives of real people.

Should this bizarre recommendation actually be implemented – as it looks like it will - by the court; then both the Guardian ad litem and the court should be held responsible for this insane idea and lack of common sense. The Guardian ad litem should be dismissed - permanently. The Judge should be sanctioned at the very least if not removed. There is no room in Maine's Justice system for such bad jokes or decisions.

An example such as this one is a strong cry for effective, long overdue oversight of Maine Guardian ad litems. Those who would say that there is "no scandal" in the Guardian ad litem program must have an extremely tolerant view of scandal.