- What is a Guardian ad Litem?
A Guardian ad Litem (hereinafter, "GAL") is a person appointed to represent the best interests of one or more children in legal proceedings for divorce, determination of parental rights and responsibilities, child protection and similar legal actions in Maine.
- How does someone become a Guardian ad Litem in a particular case?
There are two ways to become eligible for appointment as a Guardian ad litem in Maine's courts.
- The Chief Judge of the Maine District Court maintains a roster of individuals approved to serve as a GAL in Maine's courts. Unless rostered, and individual is not authorized to be appointed to serve as a GAL in an individual case. Actual case appointments are made, however, by the presiding Judge or Case Management Officer who signs a written court order which sets forth the GAL's rights and responsibilities.
- Maine's Court Appointed Special Advocate (hereinafter, "CASA") maintains a list of volunteers who are eligible for appointment only in Title 22 child protection cases on a volunteer basis.
- Who is eligible to be considered for placement on the Guardian ad Litem roster?
There are four categories of people eligible to be considered for placement on the GAL roster:
A. An attorney holding a current valid license to practice law in Maine. You are required to complete the entry level training and submit a completed application to the Chief Judge.
B. A mental health professional holding a current valid license to practice as an LSW, LCSW, LCPC, LMSW, LPC, LMFT, psychologist, or psychiatrist in Maine. You are required to complete the entry level training and submit a completed application to the Chief Judge.
C. Volunteers who have satisfied the screening and training requirements of the Maine CASA program and are certified by the CASA Director to be appointed as volunteers in Title 22 child protection cases.
D. A person for whom the Chief Judge or the Maine District Court has waived licensure for qualification requirements. The Chief Judge will only waive the requirements for those individuals who successfully demonstrate that their education, experience and character enable them to live up to the "Standards of Practice for Guardians ad litem in Maine Courts." Individuals who hope to be rostered under this category are encouraged to submit a completed application at least 120 days before participating in the core training program so that they will know in advance whether they will be eligible for rostering after completing the training. The application must be accompanied by a letter detailing the applicant's professional experience and documenting the applicant's case for waiver of the licensing requirement. Failure to provide sufficient information will result in denial of the application.
A person who satisfies A, B or D above is eligible to be rostered only after successful completion of the core training requirements of the Maine Rules for Guardians ad Litem (hereinafter, "Maine GAL Rules"). In addition, all applicants must be approved by the Chief Judge following a background check consisting of a criminal history information check, screening for child abuse cases and any other investigations deemed appropriate by the Chief Judge.
A person who satisfies C above must complete the same requirements to accept any appointments in Title 19A cases.
- What is the "Core Training" requirement?
The GAL Rules require that applicants attend a Guardian training with a curriculum of at least 16 hours that has been approved by the Chief Judge. The curriculum must include specified learning outcomes and activities designed to meet these outcomes, and must cover Titles 19-A and 22, dynamics of divorce and its effect on children, child development, the effects of abuse, neglect and trauma on children, substance abuse, legal issues and processes, the duties and obligations of the Guardian as an agent of the court and interviewing techniques.
The Maine Court Services Committee sponsors an annual training program which satisfies the requirements for the core training. The program is generally held in the fall. Information regarding the next training is available by writing to the Administrative Office of the Courts; Family Division, 171 State House Station, Augusta, ME 04333-0171 or emailing Kirsten Skorpen at Kirsten.F.Skorpen@maine.gov. Individuals who complete the core training program receive a certificate. Completion of the training does not automatically result in those in attendance being added to the GAL roster. A person is only added to the roster after he or she has submitted a written application which is approved by the Chief Judge.
The core training requirement is not required for individuals serving as GALs under the auspices of the CASA program which sponsors its own three-day training conference twice a year.
- Is there a Continuing Education Requirement?
Unless these requirements are waived by the Chief Judge, a Guardian shall attend and complete any continuing professional education events or seminars designated as mandatory by the Chief Judge. In addition, in each 12 month period beginning July 1, 2001, a Guardian must annually participate in a total of at least 6 hours of continuing professional education programs applicable to one or more of the following:
Titles 19-A and 22, dynamics of domestic abuse and its effect on children, dynamics of divorce and its effect on children, child development, the effects of trauma on children, substance abuse, legal issues and processes, the duties and obligations of the Guardian as an agent of the court and interviewing techniques.
Completion of the specified training hours shall be demonstrated by filing a statement, on a continuing education form approved by the Chief Judge, by June 30 of 2002 and each year thereafter and by submiting the form to the Family Division, 171 State House Station, Augusta, ME 04333-0171
- Are persons listed on the GAL roster guaranteed that they will receive appointments as a GAL in individual cases?
No. Being listed on the GAL roster is no guarantee that an individual will be asked to serve as a GAL in cases. GALs are appointed at the individual discretion of the presiding Judge or Case Management Officer making the appointment . Rostering merely qualifies a person to be considered for appointment in cases, but in no manner assures that an individual will receive appointments.
Volunteers who have been accepted into the Maine CASA program will be appointed, on a volunteer basis, to at least one Title 22 child protection case.
- Are persons listed on the GAL roster authorized to serve in both Title 19-A and Title 22 cases, or are they restricted to Title 19-A or Title 22 cases?
Some rostered GALs are authorized to serve in both Title 19-A and Title 22 cases, some are authorized to only serve Title 19-A cases. The roster designates the extent of each individual's authorization based upon the following guidelines:
- Attorneys licensed to practice law in Maine are rostered to serve as GALs in both Title 19-A and Title 22 cases.
- Mental health professionals licensed in Maine and unlicensed individuals otherwise approved by the Chief Judge are rostered to serve as GALs in Title 19-A cases, but not Title 22 cases.
- CASA volunteers may only serve as GALs in Title 22.
- What steps should you take to become rostered as a GAL in Maine?
Step 1: Register for and complete the core training program..
Step 2: Request an application form from the Administrative Office of the Courts - Family Division, 171 State House Station, Augusta, ME 04333-0171; or, [view/print an application now].
Step 3: Complete and return the application with a cover letter.
Step 4: Await notification from the Office of the Chief Judge on action taken on your application. Pending applications are reviewed and acted upon on the following months: March , July, and November
The Chief Judge's office will notify you several weeks after the next review date as to whether additional information is desired and whether your application has been approved. Please do not contact the Chief Judge's office to check on the status of your application prior to the next review date.
- Must individuals who wish to volunteer to serve as a GAL as part of Maine's CASA program be rostered by the Chief Judge of the Maine District Court?
No. CASA volunteers are not required to be rostered by the Chief Judge of the Maine District Court and are not required to complete the core training program. CASA volunteers receive separate training from the CASA program. For more information about the Maine CASA program, call 287-5403 or downlaod an application at (http://www.courts.state.me.us/jobs/casa).
- Where can you get additional information?
Any person interested in serving as a GAL is required to read the Maine Rules for Guardians ad Litem and the Standards of Practice for Guardians ad Litem in Maine. Copies of the Rules and Standards are published in the book Maine Rules of Court published by West Group which is available in most county law libraries, some public libraries and on line at the Guardian ad litem section of the Court Services and Resources web site.
Interested persons are also strongly encouraged to contact a person currently serving as a GAL in Maine. The names of persons rostered as GALs are available from the Clerk's office at each of Maine's District Courts or on line at GAL Roster.
Applications and information about the core training program are available by writing to the Administrative Office of the Courts - Family Division, 171 State House Station, Augusta, ME 04333-0171 or by calling Kirsten Skorpen at 287-7626 or emailing her at kirsten.f.skorpen@maine.gov.
