BANGOR, Maine — A group seeking reform of the guardian ad litem program in the Maine court system on Tuesday sent a 17-page report outlining problems from the perspective of consumers to Chief Justice Leigh I. Saufley.
A copy of the report, titled “The Bad Sport Report on GAL Reform” also was emailed to the Bangor Daily News. Paul D. Collins of Rockland, who claimed affiliation with a group called Maine Guardian ad litem Alert, along with others, authored the report.
“It came about as a result of having to deal with GALs,” Collins said in a telephone interview Wednesday.
Guardians ad litem, or GALs, are appointed by judges “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,” according to information on the court system’s website. GALs may be lawyers or mental health professionals.
When GALs are appointed to represent children in a divorce, the parties are responsible for paying their fees, which range from $120 and $200 per hour, according to Collins. GALs appointed in child protective cases are paid $50 per hour by the state, according to information on the court system’s website.
There are 328 registered guardians ad litem in Maine.
“We are enclosing a report on guardian ad litem reform for Maine’s guardian ad litem program,” Collins said in the email to Saufley. “It has been developed by Guardian ad litem Alert, a grassroots program that has come into existence late this winter, as a number of grassroots users of GALs in Maine began to compare notes on their unnerving experiences with GALs in divorce custody cases. Gradually, the realization dawned that something was radically wrong with the program.
“Though some officials saw our reaction as the result of [a] ‘bad outcome,’ with which we don’t disagree entirely, in all of our cases we felt that the problems we each experienced went beyond ‘outcome,’” he wrote. “It was the process and systemic issues in the courts and in the GAL program that disallowed any corrective action for GALs who didn’t follow statutes.”
Collins estimated Wednesday that his advocacy group includes “between 10 and 100 people” who have concerns about the guardian ad litem system. He said that his activism grew out of his personal experience when a guardian ad litem was appointed in his contested divorce in September 2010. He said he was billed more than $11,000 for the guardian ad litem’s services and felt she was not forthcoming about the reasons for the recommendations she made concerning the custody of his child.
“My experience is what started my pushing back and trying to facilitate some sort of change,” he said.
The report, which calls for an outside consultant to make recommendations for oversight, outlined 10 areas of concern, including: outside the courtroom, or ex parte, communication between judges and GALs; lax confidentiality standards for GALs; a lack of protection for consumers concerning GAL fees; the inability to sue GALs for malpractice because they have partial immunity; and the need for a board to oversee GALs similar to how the Board of Overseers of the Bar functions for lawyers or licensing boards for other professionals.
The judicial branch is aware of the concerns, Mary Ann Lynch, spokeswoman for the Maine court system, said Wednesday. A meeting has been scheduled for May 31 so the public may express concerns about the guardian ad litem program. The meeting date was set long before the report was sent to Saufley, she said.
“We look forward to hearing from the public and receiving other comments at that meeting, as well as before and after the meeting, and we will carefully consider every comment and communication in the weeks ahead,” she said in an email response to a request for comment on Collins’ report. “It would be premature for us to comment on a single communication.”
Lynch pointed out that the judiciary has advocated for a board to oversee the guardian ad litem program for several years. In 2009, the cost of implementing such a program was estimated to cost between $400,000 and $500,000. The guardian ad litem program now is supervised by the chief judge of the District Court.
The number of divorce cases in which GALs are appointed represents between 10 percent and 12 percent of the divorce cases filed each year, she said. In the fiscal year that ended on June 30, 2010, there were 12,216 family matters cases involving children filed in Maine’s courts, according to information provided by Lynch.
Of those, 3,407 were divorce cases with children, 2,110 were parental rights and/or paternity cases, and 6,330 postjudgment family matters that may or may not have involved children. GALs were appointed in 833 family matters cases, or 12 percent, according to the data.
The figures for fiscal year 2011 were: 11,874 family matter cases involving children filed; 3,417 divorces with children; 2,258 parental right and/or paternity cases; and 6,100 postjudgment family matter cases. GALs were appointed in 673, or 10 percent, of the cases.
While there is not an oversight group or licensing board for GALs, complaints concerning how they handle cases may be filed with the chief judge of the District Court, according to information on the court system’s website. Thirteen complaints were filed in fiscal year 2010 and 14 were filed in fiscal year 2011.
As a result of investigations by Chief District Court Judge Charles C. LaVerdiere, he issued a verbal warning to one guardian ad litem in 2010, according to Lynch. He issued a written warning to one guardian ad litem the next year.
In a March report to the Legislature’s Judiciary Committee about GAL oversight, Saufley said GALs are “investigators and witnesses in judicial proceedings. Somewhat like a lawyer, they provide a voice for, and on behalf of, children in court proceedings, and like an expert witness, they investigate and may file a report and give testimony on the result of their investigation.”
They also can be cross-examined by the opposing parties, according to Lynch.
A judge who served nearly a decade as a District Court judge and recently co-authored a how-to book about divorce said Wednesday that the opinion of a guardian ad litem is helpful to judges deciding custody matters.
“They play a critical role in assuring the court has reliable and complete information about a child and family so a solid decision about a child and his or her best interests is made,” Superior Court Justice Andrew M. Horton of Portland said in a telephone interview.
Horton was a District Court judge from 1999 until 2007, when he was appointed to the Superior Court.
A public meeting to hear comments on the establishment of a cost-effective, professional oversight of the guardian ad litem program in the Maine court system will be held at 4 p.m. Thursday, May 31, in the Feeney Conference Room on the first floor of the Cumberland County Courthouse in Portland.
The only people who don’t like GAL’s are the ones that the court preceedings don’t go in their favor.
That is the typical GAL response. Dismissive, pompous and holier than thou. How can they be wrong? Guess what? They can be! Read the reports. Audits gleaming with errors. Unclear and exaggerated bills. Complaints that may finally have a resolution.
Attend the meeting in Portland on May 31st. For questions and any additional information please email megalalert@gmail.com or leave contact information on our Facebook page Megalalert. Thanks for all the emails and positive response!
Court proceedings usually go in favor of the mother………..which isn’t always what’s in the best interest of the children. In many cases today…….the father should be in charge, but the GAL may not support that decision due to bias in the judicial system.
I concur with fatboy07 comments just from my bad experience, however, I have also met mother’s that have had bad experiences with GAL’s.
In my case, his mother has long history of prescription drug abuse, mental illness (she is on SSI and unable to work because of it). She drives around with my four year old all the time under the influence of Oxycontin, Vicodin, Ativan and a polipharm of other psych drugs without any regard for the warning labels. My son is four years, he cannot protect himself and the GAL’s hired to look out for his best interest clearly didn’t. When they were confronted about why they were so unprofessional and not looking out for his best interests, they would hang up on me and then later write that I was angry because I was not seeing my son. I was advised to see a Counselor about anger management issues, the Counselor that the GAL agreed to stated that I didn’t have any anger management issues but I was justifiably frustrated with the investigation or lack thereof. The GAL was so angry with her recommendation, she withdrew but not before she recommended that I get a Psychological Evaluation. I don’t drink, drug, I am gainfully employed my whole life. My ex-wife on the other hand gets SSI for her and my son for a Borderline Personality Disorder, takess over 15 prescription drugs, has a long history of suicide attempts and self-mutilation and she is not required to undergo a Psychological Evaluation but I am.
Well since she withdrew and recommended a Psychological Evaluation when she quit, it took be over six months to get one scheduled (cost $2,000) I did not see my son for nearly five months based on her recommendations. This never was approved by a judge because there was no order from the court. So basically this woman was rewarded for Parental Alienation from the same GAL that didn’t even investigate the manner, nor did she look out for the best interests of my child.
The weirdest part of the whole thing is she also conspired with my ex-wife attorney to remove my unsupervised visit by making a motion to the court to do so stating that the GAL stated I need a psych eval. The GAL made this recommendation two days after that lawyers motion to the court when she withdrew.
My life has been a nightmare because of this woman. I am told locally that she no longer practices as a GAL, however at this time I have a relationship with my child but not because she performed her duties as GAL, but because I performed my duties as the father.
The system is clearly broken. See some of you at the meeting in Portland on May 31st.
I guess I missed the part in this post where you explain why the court would take custody from a good parent and give it to a grandparent…..
I disagree. I am a foster parent and I don’t like GALs who don’t take the time to talk to the children. The children didn’t choose to be in the situations they are in and deserve to be heard. The GAL is supposed to be the one who advocates for what is best for the children and how can they do that if they don’t even take the time to meet with the children for the amount of time they are supposed to? Several minutes in a lobby prior to court or visiting a 3 year old at 8:00 p.m. when their bedtime is 7:00 is not appropriate; but this has happened to kids we foster. It’s a broken system and I’m glad it’s being looked at.
There are alot of issue with GAL’s in the State of Maine as well as throughout the entire country. The biggest problem in the State of Maine is there is absolutely no oversight whatsoever. So if you are in a contested divorce where custody of a child is an issue and you are on the convenient “Trailing Docket” which makes your case take 18-24 months depending upon which county you live in. Guardian Ad Litems certainly don’t want any oversight, they want it to remain the way it is, it is easy money. My first GAL never left the comfort of her own home to do any part of the investigation and it took her four months, she also failed to tell me she was adopting an child from overseas and didn’t have the time to do the investigation in a timely manner. She did however withdraw voluntarily but not before she made recommendations to the court that cost me an additional 50K in legal fees and more GAL Fees.
Considering Maine regularly ranks in the bottom of all the States for protecting Children. Letter grade of “F” for protection of Children. Guardian Ad Litems are hired to look out for the Best Interest of the child based on a thorough investigation. Although there are some good GAL’s out there, I have not had the opportunity to experience one and I have hired two different ones. Lots of excuses and bills, but not much investigating when the facts are crystal clear. The system is clearly broken.
Keep the press on, I intend on attending the meeting in Portland on May 31st.
Really? I don’t think GAL’s are worth their salt because of the horror stories I have heard from people I know well and my own experience but guess what? The COURT proceedings did go my way. The GAL ignored witness testimony about my ex’s abuse of the kids while making up things against me in her report but they were not supported by anything, it was just her say so. Oh, and my ex was footing the bill, I was a stay at home mom. He was also sending her gifts according to the GAL. Because I stood strong and insisted on a hearing where my witnesses would be heard, court went just fine. The GAL over the case on the other hand? Her recomendations were thrown out. Not only is oversight a good idea, they should have much stricter standards otherwise they largely remain a joke.
This entire investigation is the result of the fox guarding the hen house far too long. When I was having to endure my ‘time’ with Wayne D(r)oan of Corrinna I was being helped with it from a group called Fathers for Justice formed in Great Britain and a man from Canada associated with that group at the time. Everything they said would happen, happened, and more. I was so mad I could have spit fire. Well my time enduring the suffering has almost expired, and the wrath is forthcoming.
we really need this reform!
I’m a foster parent and have been for 18 years. We have had a few great ones such as Tonya Johnson in Dover-Foxcroft, but we have had many who are horrible. I wish I could list their names here is makes me so angry to think about it. We have 1 right now who has still not been to our house and it has been 4 months. He has only met my foster son once and that was for 5 minutes in the waiting room prior to court starting. Not acceptable!! :(
As a foster parent, my experience has been the same. Some GALs are great and some are not. It’s the same in any job, but if your making wigets who cares? We are talking about children who need the GAL to be their advocate. Increased accountability for the entire system is needed.
If I remember correctly Guardian Ad Litems are mandated to meet with their clients where they live within a certain period of time that they take the case, they are also required to meet with them periodically. I thought most foster children fell under DHHS. This system is really messed up, I can really see why Maine ranks near the bottom with a letter grade of “F” in protection children.
Thank you for your efforts as a Foster Parent.
I am sure the bureauocracy of dealing with these people on a regular basis has to be overwhelming.
I am sure their billing their billing is done in a timely manner, why not everything else in the best interest of the child?
Make these people accountable to the children that that claim to looking out for their best interests. We need an oversight program now!
Just because they are required to, does not mean they do. With little oversite in place, many fall short. I have witnessed a GAL tell the judge (in a foster care case) tell the judge their report was based on a brief conversation with the caseworker because they had not been out to the home in many weeks. (ten plus) And the caseworker had not either. So their reports to the judge were based on ????? No admonishment from the judge or even suggestion to maintain better contact.
In our report “The Bad Sport Report”, we admitted to being less than happy with the GAL’s recommendations (or outcome), but much more troubling for us was the process, procedures, legal confusion, lack of transparency. As one example, there was a huge bill done once with NO itemization. None! Imagine a contractor who refused to identify charges! Or a doctor? Or anyone?
GALs and to an extent the Judicial Branch seek to discredit those who complain by inferring that they are “bad sports”, unhappy with the outcome. It allows them to ignore the real structural and systems issues. Such as NO OVERSIGHT for 328 GAL’s licensed by the JB!
My foster daughter was in our home for 3.5 years before we adopted her. Her GAL maybe saw her two or three times during that time. Granted she was a baby when she came to us, but he should have taken the time to see her in her various environments and how she interacted with those around her. One time he just poked his head in on her while she slept then left. No discussion about how she was doing or anything.
Hello
Please read my story about the same problems both nationally and, esp, in Connecticut.
A LIFE SENTENCE
U.S. FAMILY COURTS SACRIFICING MOTHERS & CHILDREN
Family Courts Behind an Epidemic of Pedophilia & Judicial Abuse
keith harmon snow
First publication: 01 May 2012
Edits & Revision: 03 May 2012
A
five month investigation reveals an epidemic of violence and
corruption facilitated by Family Courts in the United States. Children
all over the United States are being taken from their protective mothers
and delivered to abusers. Behind this epidemic of judicial abuse are
organized networks involved in racketeering and corruption, channeling
and disappearing billions of dollars of U.S. taxpayers money every
year. Insurance companies are
being defrauded by medical and mental health professionals rewarded
handsomely for producing quack studies that criminalize loving mothers
and protect abusive fathers. With clear
evidence of racketeering and corruption, high court judges and insider
lawyers use and abuse the Family Courts system to destroy protective
mothers and deliver life
sentences of suffering to innocent children. Rich, poor,
middle-class… No child in America is safe.
http://www.consciousbeingalliance.com/2012/05/a-life-sentence-family-courts-sacrificing-mothers-and-children-in-america/
Prior to becoming a man hating prosecutor, Mary N. Kellett was a GAL working hard to deprive parents of their children. After becoming a prosecutor she just has fathers jailed and proseucuted on trumped up charges. Nice to see BDN writing about problems with the system, but will BDN ever report about corrupt prosecutor’s who are facing charges?
http://www.fathersandfamilies.org/2012/04/12/me-bar-counsel-recommends-discipline-for-ada-mary-n-kellett/