5th Amendment Rights being Violated in Divorce Cases

“Nor shall be compelled in any criminal case be a witness against himself” These are one of the the lofty, important human rights guaranteed to all US citizens by our world famous Constitution. Yet in state after state these 5th Amendment citizen rights are being violated by family courts, the very institutions that are supposed to protect those rights. This has been going on unnoticed by many for some time and has almost become accepted as a regular way of doing business by the courts, Judges, lawyers, officers of the courts and uninformed consumers.

What Judges are condoning- whether directly or indirectly - is asking one or both people involved in a custody to sign over their rights to privacy in confidential, privileged transactions, without explaining how this confidential information will be used- for or against the party. In the example provided below, the judge has ordered the defendant to provide proof of not only the attendance of counseling, but to allow the counselor to speak with the Plaintiff on the Defendants progress.

Click on image for expanded view

Why is this a violation of the defendants 5th Amendment rights? There may be those who will say that the defendant has a choice. He/ she does not have to agree to follow the judge’s order. And this, in theory, would be true. In this case, however, the defendant was faced with the following:

1. He/ She was threatened with contempt of court and jail if he/ she did not comply

2. He/ She could agree with the release of information to his/ her ex and the courts without knowing how his therapy records might be used by the opposing attorney and the alienated spouse: in his favor, or against him, to argue that he/she was an unfit parent, should not have time with his/her child. He is being asked to risk testifying against himself, if his therapy records are released. Self-incrimination versus contempt of court and jail. Tough choices!

Although both choices are horrible and personally damaging, What would you do? In going to jail there is the potential of losing one’s job, having a jail record and the loss of income during jail time. These are all tangible concerns and fears. We know what the potential consequences are in going to jail.

On the other hand by agreeing to the release of information, the "owner" of the information has no way of knowing in advance how that information is going to be used. It is impossible to give his/her “informed consent”, because it is impossible to know every possible or likely outcome of this action, and how it may affect your case. There is also no way to know that the information gained by the plaintiff and court will not be used as part of an attack by the plaintiff against the defendant. This is seen by many people as a sneaky, indirect way to get the defendant to testify against him/ herself. It is a violation of the defendants 5th Amendment rights, and it is all too frequently used by Judges that preside over family courts in custody disputes. It is also one of the many examples of how the Judicial process in family cases has corrupted itself. This process is in danger of becoming very ingrained in the system and it violates the constitutional 5th Amendment rights - to say nothing of common law principles about forcing consent.

The courts in the state are showing a lack of respect for the privileged, confidential information that is conveyed between the therapist and patient as an absolutely necessary part of therapy. In this case (as well as many others that we are aware of) under the threat of contempt of court, the defendant buckled and was forced into making a “release of information” decision that had ramifications that the Judge, plaintiff and most of all defendant had no way of knowing how it would play out. The Judge was in effect telling the defendant that he/ she would have to potentially testify against him/ her self – thus violating their rights under the constitution. The judge also unwittingly destroyed therapy by destroying the confidentiality necessary to make therapy work!

If you have had issues or if things about your case just don't seem right with your Guardian ad litem – please contact us for support at MeGALalert@gmail.com or like us on Facebook to stay up to date on issues and events. We encourage your thoughts on this subject please feel free to respond.

The Judicial Branch Dilemma in Managing Guardians ad litem

In thinking about why the Judicial Branch has such difficulty in creating a management system for its GAL program, a number of conceptual and structural impediments come to mind. The most readily acknowledged issue is no money for supervision or for a bureaucratic structure that would allow for normal bureaucratic management of Guardians ad litem (GAL). The financial excuse is probably true given the dire financial straights of the state, but we would say in addition that even were money available, there are more serious conceptual impediments preventing Judicial Branch’s internal management of Guardians ad litem. There are at least three conceptual issues that would make supervision or management of Guardians ad litem in any Judicial system fraught with legal and ethical problems unique to judicial branches of government.

The issues involve internal conflicts inherent in normal organizational role shifts, within a judicial system, from the role of supervision of vocational functioning of a supervisee to the administration of justice in cases involving complaints about supervision which seek legal solutions. Both GAL management and adjudication of formal, legal complaints about a Guardian’s management get very complex when these inherently conflicting activities have to occur within the same, small, fairly tight system. It would require a tight control over supervisory information and rigid compartmentalization of this information, so that information about supervision and management - and any conflict therein - does not seep into formal adjudication channels and pollute the fairness of any possible, future legal complaint process. Can it be done?

1.) Judicial Independence. In the spirit of Common Law, a judge is supposed to form his/her judgment about a case independently, uninfluenced (unswayed) by other branches of government or by partisan, community (or bureaucratic) politics.

This means standing apart from and being independent of politics and influence from the other branches of government. It should include not only formal political influence of the branches, but also government bureaucratic influences, including those of the judge’s own internal bureaucracy. This means using data presented in court by both parties to form an independent opinion and not to be swayed by outside influences or outside information or previous knowledge of the case. It would be difficult for a judge to resolve independently legal actions of any kind involving a Guardian ad litem; especially, a GAL with whom he/she has worked in court or even one who is known to the judicial system. Judicial independence gets damaged by foreknowledge of the GAL, by working relationships, by the rumors, by system gossip, by the system grapevines and by private awareness of the contentions.
 

A theoretical problem might start with supervisory discord between a GAL and his/her supervisor about an issue of supervision, leading to an internal management hearing and subsequently pursued in a formal court complaint. It might go the full route in court and continue as a case of higher level appeal. Administrative supervision within any such JB system - if there were conflicts - might at some point be apt to tangle with the branches’ system for administering formal justice, as those with supervisory grievances may seek legal appeal. It poses a huge bureaucratic challenge to keep information from these supervision and justice boundaries clean, separate and non-communicating in a single, small bureaucracy. This is a very special supervisory problem (unique?) for judicial systems, one that is not faced by administrative bureaucracies in other branches of government. Judicial independence, while an active member of a bureaucratic branch of government is challenging to say the least.

Having a non-judge be supervisor of a GAL would necessitate a bureaucracy to supervise the supervisor, a supervisory appellate process for conflicts arising out of supervision, and links within the same system to the judiciary for conflicts that "go legal". Judicial independence in Judicial Branches would necessitate a “Rube Goldberg” organizational structure and be strained to the degree that all judges would have to adopt an antisocial, personal ‘modus operandi’ to avoid contamination of their independence by normal internal organizational grapevines and normal organizational politics. And this would have to be at all times for perhaps an actually limited number of internal legal complaints. Can independence of one’s home bureaucracy be carried out, always, with any kind of credibility? What sort of person would avoid all informal social communications with system wide colleagues to be judicially independent? It is an example of the latent conflicting strains between supervision and legal functions within the same system that inevitably impinge on judicial independence.

2.) Judicial Impartiality. There are special challenges to maintaining judicial impartiality when one sits in formal judgment of a person who works in the same bureaucratic system, who is appointed by colleagues, who works for colleagues and friends in that system, who may be known personally or by reputation or rumor. The potential role conflicts and/or impartiality conflicts would seem enormous when colleagues, friends, coworkers must attempt to render impartial judgment. Can it happen? Can one have oversight of a working colleague (and at the same time maintain impartiality), with the unavoidable risk that the working colleague might at some point go to law with a formal complaint for some sort of problem resolution, which cannot be resolved in supervision? It is another serious conceptual impediment to the Judicial Branch system supervising or having oversight of GALs.

3.) Due Process. Implies that in a conflict, all parties and the judge will share in common, knowledge about the complaint and the case at the same time, and that everyone has equal opportunities to respond to all steps in the process. No one has the special advantage of being able to use secret information unknown to the other players or privately to exert undue influence. Well run courts are scrupulous about keeping all relevant information shared by all participants and to avoid ‘ex parte’ communications so no one has use of special knowledge not available to the others. Information has a power of its own to determine or influence outcomes. The idea of protecting due process poses special challenges to the hypothetical idea of supervision or of oversight within a judicial system, where all supervisory and oversight information would have to be kept rigidly apart from the justice side to avoid contaminating possible future due process in a hypothetical legal complaint from the same players. Can any organization - even a formal espionage organization - implement this degree of control over information that is internal to one part of the system in order to prevent seepage into another part of the same system?

These ideas are just a few conceptual and system reasons, why it is virtually an impossibility for the JB to construct a system of GAL oversight without violating very important traditional principles that are embedded in administering the law. This is not in any way to suggest that these principles are not vitally important and necessary in a court of law and need to be respected. It is simply to try to understand why these same respected principles that work so well in court render supervision of GALs virtually impossible in Judicial systems. It is the reason why many states have surrendered to the impossibility of doing supervision/oversight within their judicial branch and moved these activities to the administrative/executive branch.

Maine should do this for the same reasons.

For more information on the issues of Guardians ad litem we encourage you to read the 2006 OPEGA report. Provided is a link to a summary – OPEGA. In addition there is the report the Power of the Powerless which addresses many of the same issues. If you have had any issues with Guardians ad litem we encourage you to contact us for support at NationalGALalert@gmail.com or like us on Facebook for information.

Almost 40 years with no Management or Oversight for Guardians ad litem

In 2006 OPEGA ( Office of Program Evaluation and Government Accountability ) produced a report highlighting some of the problems with the Guardian ad litem program in Maine. What OPEGA highlighted back in 2006 for Maine are issues that sadly can be seen in many states across the country.

One of the audit findings by OPEGA was that there is a lack of compliance, performance controls and evaluation systems. The Judicial Branch has not been competent when it comes to oversight or performance monitoring in the 30+ years prior to the report.  Six years later we find the Judicial Branch still without any quality controls in place to monitor and evaluate Guardians ad litem. There is no mechanism to identify GALs that are not complying with requirements or who are not involved in the lives of the child(ren). OPEGA also recommended the establishment of an independent oversight board that would ask for feedback on GAL performance. Being able to give feedback and having a place where this feedback, good or bad, is available for consumers would help in the matter of oversight and management. An Angie’s list of sorts would weed out under performing GALs or limit their business. Those that perform to standards would be rewarded for their ethics and behavior.

It was 30+ years before OPEGA investigated and reported on this issue. Six years later the situation has not changed except that there has been 6 more years of damage to Maine's families and children. How much longer will Maine's children have to wait for change to come? If we wait for the Judicial Branch to bring about change it may be another 40 years. Can we wait that long?

If you want to read a summarized copy of the 2006 OPEGA report click here.

A copy of the report done in 2012 – the Power of the Powerless which covers many of the same issues can be found here.

If you are or know someone who has had issues with a Guardian ad litem please contact us for support at NationalGALalert@gmail.com. We can also be found on Facebook.

In the hands of a Guardian ad litem are our Children Really Safe?

Guardians ad litem and the Safety of Our Children

It strikes us that if one uses a "in the child's best interest" standard, that an important baseline consideration is: "Is the child safe?"  Clearly there are additional issues like the child's well being, its opportunities for normal, physical and psychological growth and development, its social and moral development, but central to society's interest is safety.

We have been appalled by reports of Guardian ad litem recommendations that propose assigning a child's custody to a parent with an extensive history of alcoholism, prescription  drug abuse and felonious legal issues - especially when there are other, safer, better choices.  In these cases there has been no assessment of child's safety or of the older idea of "parental fitness".  The new, hip view is that at all costs the Guardian ad litem should avoid "social or cultural bias".  In bending over backwards to meet the avoidance of social or cultural bias, the "broad-minded" Guardian ad litem must give due consideration to high risk parents, who might have been considered "unfit" in previous years.  Has the parent showed up drunk for an interview with the Guardian ad litem?  Have they dilated pupils or do they stagger?  If not observed by the Guardian ad litem, and if they say they are clean, they are innocent until proven guilty.  It is simple, blind denial, and it places "the best interest of the child" at serious risk.

We feel that the Judicial Branch should demand primary, professional  information to back up these recommendations.  What do the physicians, psychologists, drug counselors, parole officers have to say?  What about family members (on both sides)?  What about independent psychological testing for fitness to parent?  What about an in depth assessment of the biases in favor of not showing bias to cultural or social issues?

There is another concern that comes out of "the child's best interest" standard, mediation.  Isn't mediation a conflict of interest for a Guardian ad litem?  If a Guardian ad litem stands for "the child's best interest", how can that Guardian ad litem broker a "deal" with the parents?  Doesn't "best interest" have to be separate from: "I want; you want?"  Carving up the child for the parents is not necessarily in "the child's best interest!"  Parents are frequently told by Guardians ad litem that whatever they agree to will be recommended to the court.  Mediation is one of the "mission expansions" that has gradually been added to the Guardians ad litem statutory role.  It generates huge billable hours.  Can a Guardian ad litem, as an arm of the court, be an unbiased mediator?  In our opinion the legal power behind a Guardian ad litem precludes a free, open exchange necessary for true mediation.  The Guardian ad litem is "armed" by his/her appointment in these transactions, and wearing a "gun" precludes free discussion.

As old teachers are wont to say to children, "We can do this the easy way or the hard way, the choice is up to you."  But Guardian ad litem clients aren't children!  

We ask ... is this 'modus operandi' "in the best interest of the child" or in that of the Guardian ad litem?

The choice is up to you.
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If you are having issues with a Guardian ad litem or knows someone who is please contact us at NationalGALalert@gmail.com.

A Job Description for GALs - or is it?

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.

Secrecy shrouds the case of girl found in closet

The Kansas City Star

By LAURA BAUER The Kansas City Star

Updated: 2012-10-07T05:17:28Z

Three months after authorities found a little girl locked in a Kansas City closet, dehydrated and malnourished, unanswered questions still haunt family members, advocates and some lawmakers.

How, for five years, did the girl known as LP basically disappear after the system had recognized her to be a child in danger? Did child welfare workers follow up after she and her little sister were reunited with their mother in March 2007?

Full story: The Kansas City Star

Read more here: http://www.kansascity.com/2012/10/06/3851469/secrecy-shrouds-the-case-of-girl.html#storylink=cpy

Is this an improvement for consumers?

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.

Guardians ad litem using the courts as personal bill collectors

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.

In addition there is work going on for reform to the Guardian ad litem system. We would encourage you to write to members of the Joint Standing Committee on - Judiciary and let them know how you feel about Guardians ad litem and the noble cause they have taken up.

Joint Standing Committee on - Judiciary


Sen. Dave Hastings                       dhastings@hastings-law.com
Sen. Richard G. Woodbury        Dick.Woodbury@legislature.maine.gov
Sen. Cynthia Dill                           dillforussenate@gmail.com

Rep. Joan M. Nass            RepJoan.Nass@legislature.maine.gov
Rep. G. Paul Waterhouse            RepPaul.Waterhouse@legislature.maine.gov
Rep. Michael G. Beaulieu        RepMike.Beaulieu@legislature.maine.gov
Rep. Ralph W. Sarty, Jr.        RepRalph.Sarty@legislature.maine.gov
Rep. Bradley S. Moulton            RepBrad.Moulton@legislature.maine.gov
Rep. Leslie T. Fossel            RepLes.Fossel@legislature.maine.gov
Rep. Charles R. Priest            RepCharles.Priest@legislature.maine.gov
Rep. Maeghan Maloney            maeghanformaine@gmail.com
Rep. Megan M. Rochelo            RepMegan.Rochelo@legislature.maine.gov
Rep. Kimberly J. Monaghan-Derrig    kmderrig@maine.rr.com

Where does the Maine Guardian ad Litem Institute and Toby Hollander stand?

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....

Maine's Courts are Protecting GALs Making them Bullet Proof!

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?

Can Maine's GALs be held accountable to their Rules and Standards?

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. We can also be found on Facebook at: MeGALalert

To view the current Rules and Standards published by Maine's Judiciary please follow these links:

Rules

Standards

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

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.

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.

Many parents feel these GALs do not perform the services assigned to them by the state, or do so poorly and without impunity. GALs are also given the protection of immunity and therefore are believed not held truly accountable for any malfeasance, malfeasance, or any repercussion as a result of poor performance.

There is absolutely no oversight of any kind, and no one to complain to - as many judges were themselves formerly GALs and simply perpetuate the problem. The state court system is financially and emotionally devastating parents and families already suffering from a divorce and a poor economy. This is costing people their homes and their jobs - all under the completely false premise that any of this is "in the best interests of children."

Full story: Reform Guardian ad litem     and to sign the petition.

Maine's Guardians ad litems and the Courts say there is No Problem

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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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'.

15. 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.

16. 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.

17. 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.

18. A Guardian ad litem producing a bill that represented 26% or the combined income of the parties involved in the divorce.

19. 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.

What is happening with Maine's Guardian ad litem reform?

Maine's Judiciary at the beginning of summer made efforts to display transparency in their efforts to reign in the issue of Guardian ad litem oversight. To date we have heard very little about what is going on and whether the outside consultants (National Center for State Courts) have made any recommendations at all.

The Judiciary is a tax payer funded institution and we have a right to know what is happening. What changes are being recommended? What has Maine's court system put into place? Or will this continue to be behind closed doors as is much of what happens with Maine's Judiciary?

Time will tell - and during this time more Maine families will continue to be hurt.

For more information please contact us at MeGALalert@gmail.com

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.

If interested in becoming a Guardian ad litem in Maine please follow this link for the requirements on becoming one:

Judicial requirements for Guardian ad litem

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

FORCED TO BY LEMONS AT GUNPOINT

When there is no oversight, no supervision and no enforceable standard for GALs, the public is forced to buy an unknown product by the Judicial Branch, which creates (or rosters) them. More and more GALs come out of the JB "factory" which has no factory inspection, no test drive and no certificate of quality. To put it baldly, the JB has no idea about whether the wheels will stay on the car when it is driven at normal speed and no "factory recall". Furthermore, the market for this product is totally controlled by the JB. Courts can demand that couples going through a divorce and child custody battle must buy this product while providing no quality assurance.

Lemons for sale! And, no, you can never get your money back, or trade your "lemon" for a functional car. We are distressed that there is no functional system for making a complaint about GALs who are "lemons", and we ourselves are rapidly acquiring an ever lengthening list of "consumer complaints" about "lemons" and the hair raising details behind these complaints. We are considering various ways of informing the public about "lemons".

We are gaining an increasing awareness of the JB GAL complaint process, as it passes through the "oversight" of  Judge Charles LaVerdiere. We feel no confidence in his process for handling serious GAL complaints from the public. He provides only the briefest, flimsiest of instructions for complaining consumers, and there are no criteria for what might be categorical reasons for making complaints. His assessment of complaints seems opaque and secretive for someone charged by the JB with assuring quality for the public. We sense that if the Guardian ad litem being complained about says, in effect (and without challenge), "The complaint is a lie," that is the end of the matter. The judge doesn't act like a man who wants to know more- or to look more deeply. The public complaint is taken into a dark room at the JB and smothered! And the consumer is sent a "case dismissed" reply with no reasons for dismissal.  End of story! On this inadequate, secretive, "oversight" process, the Judicial Branch and Maine Guardian ad Litem Institute (Guardian ad litem trade organization) proudly boast, "Only two Guardian ad litem reprimands in two years; one verbal, one written!" When you lift up the rug and look under it, it is not confidence inspiring.

This raises important consumer issues for a democratic society. Should consumers be forced into using and paying for "lemons", by the courts? Guardian ad litem fees at $120.00 to $200.00 per hour (in an un-itemized Guardian ad litem bill), can run to totals that range from $12,000.00 to $19,000.00 to $34,000.00 or more. The money is not insignificant for middle class couples.  It is a hefty price especially for a "lemon" with no quality assurance and no consumer protection.  It is a further outrage When the hapless consumer who refuses to pay for a "lemon" gets hauled into court by the Guardian ad litem in attempts to force payment, garnish wages or impose a jail sentence! Are we living in 18th century Europe or 21st century America? It looks like Guardian ad litems and Maine courts want to resurrect the long gone, long abolished, hateful "debtor's prison"!

The Judicial Branch's Guardian ad litem program is beyond broken. It badly needs a total overhaul and the public needs relief and protection from the barbarism of present practices. The financial impact of Guardian ad litems on the public is devastating a form of cruelty that should be unacceptable in a civilized society.


The Guardian ad litem program should be halted until it is repaired and the Judicial Branch can guarantee the public quality assurance.

Please contact us at NationalGALalert@gmail.com

NC requests guardian in child porn case

By John Harbin
Times-News Staff Writer

Prosecutors have filed a motion to have a guardian ad litem appointed for the victim in a federal case involving the alleged exploitation of a minor and child pornography.

Former teacher Deborah Lee Tipton, 45, of Hendersonville was indicted on April 4 in U.S. District Court and charged with one count of sexual exploitation of children and two counts of possession and disseminating child pornography, according to court records.

Full story: BlueRidgeNow

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:

Rules: http://www.courts.state.me.us/maine_courts/family/gal/rules.html

Standards: http://www.courts.state.me.us/maine_courts/family/gal/standards.html

County guardian ad litem losing $38,000 retainer

By Steve McConnell

Lackawanna County Family Court has decided it will not pay guardian ad litem Danielle Ross her $38,000 annual retainer to represent children in custody disputes, Judge Trish Corbett said Monday.

Court officials are reviewing Ms. Ross' contract in light of a 113-page report of the county's guardian ad litem program by the Administrative Office of Pennsylvania Courts released this month, Judge Corbett said. Requested by Lackawanna County President Judge Thomas J. Munley in response to complaints about the program, the report found Ms. Ross is taking on too many cases, that no one was tracking its cost, and that there were no records collected to determine its effectiveness.

Full story: TheTimes-Tribune

Temporary guardian sought for Jackson’s kids

By ANTHONY McCARTNEY - Associated Press

Wednesday, July 25, 2012

LOS ANGELES (AP) - The turmoil in Michael Jackson’s family landed in court Wednesday after a request was filed for temporary guardianship of the singer’s three young children.

Margaret Lodise, the guardian ad litem for the children, said the petition seeks to appoint Tito Jackson’s son TJ as a temporary guardian.

Full story: Washington Post

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

The court system serving Punishment with no Visible Crime

THE DOUGLAS VS DOUGLAS CASE

We don't know either of the Douglas's personally, nor are we advocating for them, but we find that just reading the court's report of their case online is a profoundly disturbing experience, increasingly so after several readings. The Maine Supreme Court decisions on their appeal appeared logical but seemed to take baby steps in correcting lower court confusion and custody actions that seem punitive and incomprehensible. It is the process and handling of the case before it reached Maine's Supreme Court that are so troubling. The core issue for us is that this might be a "poster child" case in which a Social Worker Guardian ad litem functions as an expert, with no oversight and no expertise in assessing parental fitness, for child custody and visitation purposes.

Maine Supreme Court Decision - Douglas vs. Douglas

Lower court decisions seem to have deprived Mr Douglas of any visits with one of his children for this child's first two years for no clearly documented reasons. How did this come about? What evidence was used to justify this radical action? Why is any  contact with his older child (by his first marriage)  only  permitted with professional surveillance?  Because there is no explanation of this (to us) extreme action in the court report, we suspect that the allegations that led to deprivation of the father's visiting rights with his child were arrived at 'ex parte' (one-on-one) between Guardian ad litem and judge.  No one, including the man himself, will know the "crime" for which he is being "punished" with such restrictive child visitation.   What is truly weird in this case is that Douglas has no such oversight or restrictions with his younger child who is not his ex-wife's child.  This is not the first time we have seen this illogical situation in a custody dispute.

AS RESPONSIBLE CITIZENS IN A DEMOCRACY, WE HAVE TO ASK:

Is there a logical answer?  Is Mr Douglas only dangerous to  his older child- and not his younger child?  Is he for some reason incapable of parenting the older child, but not his younger child?  Is he in tenuous control of violent impulses?  Is he in poor reality contact?  Is he involved in criminal activities?  Is he mentally subnormal and incapable of child care without close supervision.  What is the exact nature of the impediment to him having ordinary, unsupervised  visiting rights with his older child?   The second part of our question would be, "Who decided this apparent craziness?"  Was it the Guardian ad litem in this case, the Guardian ad litem and the judge?  Who?  And what is the expertise behind these opinions that drastically impact on this man and his eldest child?  There is a surreal quality to the dry matter of fact court narrative in all of this.  No visits for 2 years, for no apparent reason is presented "as if" this were a totally ordinary event that should require no further explanation or justification.

In terms of the visible evidence in the final report from the Supreme Court, the Guardian ad litem in this case seems guided by her conception of "in the child's best interest", and, in the report, uses unscientific, pseudo-psychological formulations and techniques to justify actions taken. In the lower court there appears to be an absence of any questioning of the Guardian ad litem's reasoning behind her clinical views and her recommendations. Let us pick just a few of the classic pieces of faux  - reasoning that jump out of the report from the Supreme Court.

"CAUSTIC AND CONTROLLING",  A NEW CRIME?

"Caustic and controlling" are quoted in the Supreme Court report as words used by the Guardian ad litem to describe the husband/father in this case and as part of the rationale depriving him of visitation with his son for 2 years. One has to ask, "So what?" How are "caustic and controlling" relevant to child safety, visitation or shared custody? Exactly why are these adjectives an impediment to the man, in this case, being a parent to his child? How many thousands of people in the US might be labelled "caustic and controlling"?  Should we investigate and seize their children immediately?  Should we consider mounting a public health campaign for this psychobabble problem? Is it like, physical exposure to lead, mercury, alcohol or measles? Or ... is this a pompous, pseudo-psychological, pseudo scientific way of saying that the Guardian ad litem accepts the opinion of the other parent that she finds the father to be obnoxious and on this basis denies visits with his child for 2 years? These are the kind of shallow "psychobabble" formulations that are without any scientific, or predictive significance, yet they seem to have had a powerful impact in court decisions and in Guardian ad litem reports. It is total nonsense used by the Guardian ad litem to imply that something of great and deep seriousness was going on.  Unfortunately, it's not a joke.  But this "psychobabble formulation" is a part of the apparatus that is used in all seriousness to justify no visits for two years! It has the power to destroy the earliest days of a parent child relationship.  Better watch out for  your ;"'caustic and controlling" tendencies if you go to court, they might grab  your kids.

BEING IN CONTROL FOR AN HOUR INTERVIEW GETS "SUPERVISED" VISITS

  In another part of the court report, the father's counselor observed with total seriousness, that during an hour in his/her office that the father and his other  child related well. Are you surprised?  Are you impressed by the "science"?  This is another, "so what"? Why does this one hour observation have any usefulness, meaning or validity (for good or bad) in determining custody? It might suggest

• (a) that the father is fully normal and this is his usual demeanor 

• (b) that he is mentally ill, but not so out of control that he can't hold it together for an hour when under observation

• (c)that the counselor is subnormal if he/she has faith in this sort of observation or pronouncement 

• (d) that the GAL is subnormal to quote this "finding" 

• (f) that the lower court is also subnormal, if it gives any meaning to this meaningless, but expensive, one hour ritual.

The earlier allegations by the child's mother of sexual abuse of the child by the father (a not uncommon divorce strategy) were quickly dismissed after appropriate investigation, but the father needed to do counseling (it's unclear for what purpose?) and visitations are withheld (why?). Later "tapered" visits (Guardian ad litems love this termonology), gradually extending time, are allowed with clinical supervision. It appears to be a case of treating the father's contacts with his child with extreme caution, without defining exactly what the danger is that requires such elaborate caution. Does anyone know, or is this data buried in 'ex parte",  sealed confabs between Guardian ad litem and judge?  

Either the father poses some sort of specific danger to the child, or his parental rights are being denied, his human rights are being violated, and the child is being deprived of 2 years of normal involvement with his father. The man's "parental fitness" problem- if there is one- needs explicit definition.  And ...  any treatment game plan need to be tied to some sort of problem for which treatment is a recognized solution? Otherwise, it looks like Guardian ad litem/judicial "bullying" of this father and child. Father is made to jump through "counseling hoops" at great expense, for no clearly stated reason. If there is no solid rationale behind it and no measurable goals, prescribing counseling for nothing is an expensive human rights abuse. Do counseling sessions without goals or evaluation do anyone but the counselor any good?  How will an end point to counseling get defined?  It strikes us as a perhaps well-intentioned example of "civilized violence".  More punishment without a charge or conviction!  When will this father be able to see his oldest child without professional supervision?  Why not right now?

What is surprising is that some courts seem to have bought into this highly unscientific, pseudo-psychology mumbo jumbo without reservations. More frightening is the fact that they are enforcing counseling like an expensive form of totalitarian "attitude correction" (for what attitude?).

As citizens we find this case very upsetting for the above reasons, but it should be  Exhibit A for the need for Guardian ad litem reform. Unfortunately, it is also Exhibit A for district court reform too. The intellectual shoddiness, the human rights violations and the resulting harm being done to a little boy, who can't spend any free time with his father, for no clear reason, for 2 years is shocking. No wonder Maine has gotten an "F" on its national report card for protection of children and children's rights for three years in a row.  Clearly, we are not endorsing either of the Douglases as "parent of the year", but we can see no stated rationale in the court report for why  Mr Douglas has been allowed no visitation with his child for 2 years.  "Caustic and controlling" just doesn't cut it as a reason.  You shouldn't have to be certified by a Guardian ad litem as "parent of the year" to share custody; especially when it is not a standard applied out of the courtroom.  Is there a national or state parenting standard for which Mr Douglas gets a failing grade?  Of course not, we haven't come to that outside of the judicial system.  The failing grade goes to those who are responsible for this example of "cruel and unusual punishment".

While every case is unique, the mind boggling abuse of a Guardian ad litem with limited clinical skills playing a God-like expert, radically limiting visits,  enforcing expensive counseling for no clear purpose, with no clear goals for no definable end point is so illogical and so contrary to democratic values as to be unbelievable. Yet it is a common paradigm in Maine and other states with failing report cards for children's rights.

There are many other similar stories in Maine and across the nation. The link below brings you to an interview given by the director for Judicial Excellence on Guardian ad litem/ Judicial abuse. The interview is just under 10 minutes in length:

Judicial Excellence interview

Open Letter From Chief Justice Regarding GAL Oversight

July 17, 2012

Open Letter From Chief Justice Leigh I. Saufley

Re: GAL Oversight Review

I want to thank the public, interested parties, and stakeholders who attended the May 31, 2012, meeting regarding improving the Guardian Ad Litem complaint process, and I thank those who took the time to send in written comments as well.

The written comments that have been posted on the judicial branch web page are available at:

http://www.courts.state.me.us/maine_courts/supreme/gal_comments.shtml.

As mentioned at the meeting, the Maine Judicial Branch has obtained the assistance of the National Center for State Courts to provide the Branch with information on how other state courts investigate and resolve complaints against GALs. We expect to receive information from NCSC in the near future.

In the next few weeks, the Branch will form a Task Force to review the public comments, as well as the information received from the NCSC, and to provide feedback as we develop proposals for revisions to the GAL complaint process. We intend to create a Task Force that is broadly representative of the stakeholders involved in these matters.

Because the Branch must report back to the Joint Standing Committee on Judiciary by October 1, 2012, members of the Task Force must be available to attend meetings in August and September. We anticipate as many as three meetings in Augusta in that short time frame. Several people who filed comments expressed an interest in providing further assistance or information to the Branch or to serve on any committee we might form.

To keep the numbers manageable, we will select one or two members to represent the separate stakeholder groups, including public/consumer representatives. Those interested in serving on the Task Force should notify the court by July 24, 2012, by email to lawcourt.clerk@courts.maine.gov, or to Clerk of the Supreme Judicial Court, 205 Newbury Street, Room 139, Portland, ME 04101.

We will post the members of the Task Force and meeting dates once the Task Force is formed.
Once, again, I thank all those who have taken the time to share their comments with the Court.

Open Letter From Chief Justice Regarding GAL Oversight (PDF)