LD 1063
pg. 2
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LR 1084
Item 1

 
(e)__If required by the court, the guardian ad litem shall make a
final written report to the parties and the court reasonably in
advance of a hearing.__The report is admissible as evidence and
subject to cross-examination and rebuttal, whether or not objected
to by a party.

 
(f)__A person appointed by the court as a guardian ad litem
acts as the court's agent and is entitled to quasi-judicial
immunity for acts performed within the scope of the duties of the
guardian ad litem.

 
(g)__A guardian ad litem must be given notice of all civil or
criminal hearings and proceedings, including, but not limited to,
grand juries, in which the child is a party or a witness.__The
guardian ad litem shall protect the best interests of the child
in those hearings and proceedings, unless otherwise ordered by
the court.

 
Sec. 2. 19-A MRSA §1507, sub-§1, as enacted by PL 1995, c. 694, Pt. B,
§2 and affected by Pt. E, §2, is amended to read:

 
1. Guardian ad litem; appointment. In contested proceedings
under sections 904 and, 1653 and 1803 in which a minor child is
involved, the court may appoint a guardian ad litem for the
child. The appointment may be made at any time, but the court
shall make every effort to make the appointment as soon as
possible after the commencement of the proceeding. The court may
appoint a guardian ad litem when the court has reason for special
concern as to the welfare of a minor child. In determining
whether an appointment must be made, the court shall consider:

 
A. The wishes of the parties;

 
B. The age of the child;

 
C. The nature of the proceeding, including the
contentiousness of the hearing;

 
D. The financial resources of the parties;

 
E. The extent to which a guardian ad litem may assist in
providing information concerning the best interest of the
child;

 
F. Whether the family has experienced a history of domestic
abuse;

 
G. Abuse of the child by one of the parties; and


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