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.

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....

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