Tuesday, March 5, 2013

Will LD 522, SP 212 help the Children of Maine

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

Is a proposed bill that is being submitted by the Judiciary of Maine and the intention is to correct issues that are part of the Guardian ad litem program here in Maine. It is not clear how what is being proposed will really benefit the children and families of Maine. This is a bill that appears to be self serving for the 'stake holders' (ie. The divorce industry and Guardians ad litem) and an avenue for the states Judiciary to save face and give the appearance of correcting problems that has fermented for decades.

Take for instance “Recommendations for an Improved Process for Complaints Regarding Guardians Ad Litem” in the summary section. This is an open ended statement and gives no clear structure as to how the proposed complaint process is to be improved upon. Our understanding from a member of the committee that was assembled for reforming the complaint process is that the format being endorsed would benefit those that work within the courts. A complaint process with layers that for the average person trying to navigate the legalese would give up upon. This complaint process would also be maintained within the Judiciary – which in almost 40 years of problems has only managed to make the complaint process more bullet proof for the divorce industry and Guardians ad litem. The average person unfamiliar with legal process would probably benefit more from banging their head against a wall repeatedly. Our courts, Judges and Guardians ad litem have failed miserably to provide control, management and oversight of this 'profession' – are we expected that they can produce a transparent process for complaints that the average person can understand?

Contrast this to a proposal from Maine's licensing board  which has a history of providing management and oversight of its members. The complaint process is understandable to the average person who is attempting to navigate a complaint against a Guardian ad litem for vocation and or malpractice. There is due process and accountability that is built in. The process is explained by those that handle the complaint to those that are filing a complaint. There is transparency involved that is not seen with the current process nor with what is being proposed by the Judiciary.

Which would you want to work within? A process that is highly legal and time consuming. One that will potentially cost the person trying to bring about a complaint thousands of dollars? Or a process that cost very little in terms of time and resources. That is not legalistic in its scope? If for no other reason this bill should be killed – the Judiciary may do some things well – oversight and management of Guardians ad litem is not one of them. The bill is self serving and makes reform closed to the public – the very same idea that has put Maine's Guardians ad litem in the hot water they find themselves in now. The complaint process should be moved from the closed process this bill is asking for and moved to an organization that is equipped to police its own. Maine's children cannot wait another 40 years for the idea of change to come. Maine's families cannot afford the cost – emotional and financial – that will come with a poorly thought out process for reform.

Please write to our Representatives to tell them that  LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws should be laid to rest. That this is a bad piece of legislation. If you have questions, or need help in contacting our Representatives please email us at MeGALalert@gmail.com for support and information. We can also be found on Facebook for up to date information on  Guardian ad litem and Parental Coordinator reform.

Senate Health and Human Services Committee approves CPS bills

The Colony

The Senate Committee on Health and Human Services on Tuesday unanimously approved four bills by Texas State Senator Jane Nelson, R-Flower Mound, to better protect and serve Texas children in foster care and other programs connected to the Department of Family and Protective Services (DFPS).


“These bills create a more community-based, transparent and collaborative approach to address the needs of one of our state's most vulnerable populations -- children in foster care,” Nelson said. “My goal with this legislation is to achieve a meaningful, positive impact in the lives of these children and help them to find permanent, supportive homes.”

Full story: The Colony

Thursday, February 28, 2013

Please Explain How LD 522, SP 212 Will Help Families

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

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

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

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

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

Judiciary Committee List:

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

Friday, February 8, 2013

Guardians ad litem are wonderful according to Deputy Chief Judge Robert E. Mullen and Judge Susan Longley

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

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

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

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

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

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

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

Monday, January 21, 2013

No Job description = No Management or Accountability for GALs and PCs

The “Judiciary” has created a class of person that has no job description and these people work as court officers with no accountability, management or direction. They make life altering decisions and often play God with your life and that of your child. If they make a mistake – the courts say they are protected by “quasi” immunity and for all purposes - untouchable. 

They are Guardians ad litem (GAL) and Parental Coordinators (PC).

With no job description it is impossible to say what a PC or GAL is supposed to do and if they are doing something they should not. Mission creep has set in so that now a GAL or PC can 'recommend' therapy and do so with no reason, end point or methodology. All of this from just 16 hours of training.  You resist and the courts will coerce you into taking this therapy under threat of jail time or loss of custody. Or a GAL or PC may not report neglect or abuse when common sense dictates that they should report to DHHS. With no job description – you – as a parent have no recourse on this persons job performance – how do you prove they are wrong? You can't. As a result any complaint against a GAL or PC will go nowhere. That is why in five years not one GAL or PC has been removed or reprimanded in the course of doing their 'job' when a consumer has lodged a complaint. This despite mounting evidence that would suggest otherwise – that job performance is lacking.

A job description is a foundation upon which a job can be built upon. No foundation or one that is not solid and the structure of that job will be weak and rotten (like what we have currently). We urge those in state government to look at creating a job description for Guardians ad litem and Parental Coordinators. This is a no cost method of providing oversight and accountability to a 'profession' that has none. Let our representatives know how you have been affected by this lack of a job description – write, call or email them with your story. Or email MeGALalert@gmail.com and we will forward your story on to those who should be concerned.

In Maine your Representatives are:

Judiciary Committee List:

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


Contact the Governors Office:

Governor Paul LePage 

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

Friday, January 18, 2013

Appeals court upholds lower decision on harassment case

Brainerd Dispatch

When a man wanted to withdraw his guilty plea in district court, saying he was coerced into it, the Minnesota Court of Appeals looked at his case.

After a review, the appeals court affirmed the Crow Wing County District Court’s decision.
Gerald Villella Jr. entered an Alford guilty plea to two counts of harassing another with intent to influence or tamper with a judicial proceeding. Villella challenged the district court’s denial of his post-conviction petition to withdraw his plea, arguing his plea was neither accurate nor voluntary.

In April 2010, the state charged Villella with the harassment counts. The charges arose out of Villella’s actions against a district court judge and the guardian ad litem assigned to his child-custody case.

Full story:  Brainerd Dispatch

 

Saturday, January 12, 2013

Mo. court to appoint lawyer for Belcher baby

Yahoo! News

INDEPENDENCE, Mo. (AP) — A Missouri court will appoint a lawyer to protect the interests of the 4-month-old daughter of the late Kansas City Chiefs linebacker Jovan Belcher as her grandparents argue over custody.

Belcher fatally shot the child's mother, Kasandra Perkins, on Dec. 1 in their Kansas City home, then drove to Arrowhead Stadium and killed himself in front of coaches and the team's general manager. Belcher's mother, Cheryl Shepherd, had been living with the couple for about two weeks and was in the home when her son killed Perkins.

Shepherd received temporary custody of Belcher's daughter, Zoey, soon after the shootings and filed a petition in mid-December asking to be appointed as Zoey's guardian and conservator of her estate, which could be worth millions of dollars.



Full story: Yahoo! News