H.P. 569 - L.D. 724
An Act to Implement the Recommendations of the Courts' Guardian ad Litem Committee
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §1503, as enacted by PL 1985, c. 581, §1, is amended to read:
§1503. Court appointed special advocates
The Director of the Court Appointed Special Advocate Program shall recruit the services of qualified persons to serve as volunteer court appointed special advocates. The volunteer court appointed special advocates
shall not be considered employees of the State for any purpose are considered employees of the State only for the purposes of the Maine Tort Claims Act and shall are not entitled to receive no compensation, but shall be are reimbursed for their actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established by the Administrative Office of the Courts.
Sec. 2. 4 MRSA §1506, as amended by PL 1997, c. 393, Pt. C, §2, is further amended to read:
§1506. Immunity from civil liability
A person serving as a court appointed special advocate for the Judicial Department or as Director, deputy director or regional volunteer coordinator of the Court Appointed Special Advocate Program is immune from any civil liability, as are employees of governmental entities, under the Maine Tort Claims Act, Title 14, chapter 741, for acts performed within the scope of that person's administrative duties, and is entitled to quasi-judicial immunity for acts performed within the scope of the person's duties as a guardian ad litem.
Sec. 3. 19-A MRSA §1507, sub-§5, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the following enacted in its place:
5. Written report. A guardian ad litem shall make a final written report to the parties and the court reasonably in advance of the hearing. The report is admissible as evidence and subject to cross-examination and rebuttal, whether or not objected to by a party.
Sec. 4. 22 MRSA §4005, sub-§1, ¶G is enacted to read:
G. A person serving as a guardian ad litem under this section 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.
Effective September 21, 2001, unless otherwise indicated.
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