Me. Rev. Stat. » Title 22
Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 4005 (2026)

Parties' rights to representation; legal counsel

✓ current as of May 2026
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1.  Child; guardian ad litem.  The following provisions shall govern guardians ad litem. The term guardian ad litem is inclusive of lay court appointed special advocates under Title 4, chapter 31.  
A. The court, in every child protection proceeding except a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071, but including hearings on those orders, shall appoint a guardian ad litem for the child. The guardian ad litem's reasonable costs and expenses must be paid by the District Court. The appointment must be made as soon as possible after the proceeding is initiated. Guardians ad litem appointed on or after March 1, 2000 must meet the qualifications established by the Supreme Judicial Court.   [PL 1999, c. 251, §2 (AMD).]
B. The guardian ad litem shall act in pursuit of the best interests of the child. The guardian ad litem must be given access to all reports and records relevant to the case and investigate to ascertain the facts. The investigation must include, when possible and appropriate, the following:  
(1) Review of relevant mental health records and materials;  
(2) Review of relevant medical records;  
(3) Review of relevant school records and other pertinent materials;  
(4) Interviews with the child with or without other persons present; and  
(5) Interviews with parents, foster parents, teachers, caseworkers and other persons who have been involved in caring for or treating the child.  
The guardian ad litem shall have face-to-face contact with the child in the child's home or foster home within 7 days of appointment by the court and at least once every 3 months thereafter or on a schedule established by the court for reasons specific to the child and family. The guardian ad litem shall report to the court and all parties in writing at 6-month intervals, or as is otherwise ordered by the court, regarding the guardian ad litem's activities on behalf of the child and recommendations concerning the manner in which the court should proceed in the best interest of the child. The court may provide an opportunity for the child to address the court personally if the child requests to do so or if the guardian ad litem believes it is in the child's best interest.   [PL 1997, c. 715, Pt. A, §1 (AMD).]
C. The guardian ad litem may subpoena, examine and cross-examine witnesses and shall make a recommendation to the court.   [PL 1983, c. 183 (NEW).]
D. The guardian ad litem shall make a written report of the investigation, findings and recommendations and shall provide a copy of the report to each of the parties reasonably in advance of the hearing and to the court, except that the guardian ad litem need not provide a written report prior to a hearing on a preliminary protection order. The court may admit the written report into evidence.   [PL 2001, c. 696, §12 (AMD).]
E. The guardian ad litem shall make the wishes of the child known to the court if the child has expressed the child's wishes, regardless of the recommendation of the guardian ad litem.   [RR 2021, c. 2, Pt. B, §180 (COR).]
F. The guardian ad litem or the child may request the court to appoint legal counsel for the child. The District Court shall pay reasonable costs and expenses of the child's legal counsel.   [PL 1995, c. 405, §20 (AMD).]
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.   [PL 2001, c. 253, §4 (NEW).]
[RR 2021, c. 2, Pt. B, §180 (COR).]
2.  Parents.  Parents and custodians are entitled to legal counsel in child protection proceedings, except a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071, but including hearings on those orders. The parent or custodian may request the court to appoint legal counsel for the parent or custodian. The court, if it finds the parent or custodian indigent, shall appoint legal counsel.  
[PL 2023, c. 638, §23 (AMD).]
3.  Wishes of child.  The District Court shall consider the wishes of the child, in a manner appropriate to the age of the child, including, but not limited to, whether the child wishes to participate or be heard in court. In addition, when a child’s expressed views are inconsistent with those of the guardian ad litem, the court shall consider whether to consult with the child directly, when the child's age is appropriate.  
[PL 2009, c. 557, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 733, §18 (NEW). PL 1983, c. 183 (AMD). PL 1983, c. 783, §§1,2 (AMD). PL 1985, c. 581, §2 (AMD). PL 1995, c. 405, §§18-20 (AMD). PL 1997, c. 257, §5 (AMD). PL 1997, c. 715, §§A1,2 (AMD). PL 1999, c. 251, §2 (AMD). PL 2001, c. 253, §4 (AMD). PL 2001, c. 696, §12 (AMD). PL 2009, c. 557, §1 (AMD). RR 2021, c. 2, Pt. B, §180 (COR). PL 2023, c. 638, §23 (AMD).
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Notes of Decisions
Cited in 56 cases (5 in the last 5 years), 1985–2026 · leading case: In Re Chelsea C., 2005 ME 105 (Me. 2005).
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In Re Chelsea C., 2005 ME 105 (Me. 2005). · cites it 12× “2 A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem’s report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents’ divorce action.”
In Re Scott S., 2001 ME 114 (Me. 2001). · cites it 2× “Also similar to criminal proceedings, the State has significant resources that may be brought to bear against parents thought to create a risk of harm to their children. In recognition of the serious nature of the proceedings, the Legislature has assured that parents will be…”
Marr v. Maine Dep't of Human Servs., 215 F. Supp. 2d 261 (D. Me. 2002). · cites it 10× “Although the complaint does not expressly state the statutory provision under which the court appointed Irwin as a GAL, the complaint specifically refers to the duties of a GAL pursuant to 22 M.R.S.A. § 4005. (Compile 303, 310.) The child protective proceeding giving rise to…”
In re Child of Radience K., 2019 ME 73 (Me. 2019). · cites it 2× “§ 1912(b) ; 22 M.R.S. § 4005(2), and granted the Penobscot Nation's motion to intervene, see 25 U.”
In re Caleb M., 2017 ME 66 (Me. 2017). “22 M.R.S. § 4005(1)(D) (2016); see also M.”
In Re Michaela C., 2002 ME 159 (Me. 2002). · cites it 2× “See 22 M.R.S.A. § 4005(1) (1992 & Supp.2001) (requiring guardian ad litem to act in pursuit of best interest of child and to investigate, report, and make recommendations to court).”
In Re Nikolas E., 1998 ME 243 (Me. 1998). · cites it 5× “A guardian ad litem was appointed pursuant to 22 M.R.S.A. § 4005 (1992 & Supp.1997), amended by P.”
In re Child. of Mary J., 2019 ME 2 (Me. 2019). · cites it 2× “See 22 M.R.S. § 4005-(D)(5) (2017). Because the Tribe is appealing from the denial of a motion to intervene, there is no final judgment at issue.”
Hatch v. Anderson, 2010 ME 94 (Me. 2010). · cites it 2× “733, § 18 (effective July 3, 1980) (codified at 22 M.R.S. § 4005(2) (2009)). 1 [¶ 8] We do not accept the premise that Hatch’s parental rights have been terminated.”
In re M.P., 2015 ME 138 (Me. 2015). “The parent’s interest is significant because a parent has a statutory right to legal counsel in child protection proceedings given the important liberty interests at stake, see 22 M.R.S. § 4005(2) (2014), and, at a termination hearing, the ineffective assistance of counsel could…”
In Re Joshua B., 2001 ME 115 (Me. 2001). “See 22 M.R.S.A. § 4005 (1998 & Supp.2000). [¶ 8] One aspect of the court’s termination decision does, however, require comment.”
In re Aurora M., 2018 ME 4 (Me. 2018). · cites it 2× “§ 1554 (2017); 3 22 M.R.S. § 4005(1) (2017). We disagree and affirm the judgment.”
Show all 56 citing cases →
— Me. Rev. Stat. tit. 22, § 4005(1) — 2 cases
In Re Michaela C., 2002 ME 159 (Me. 2002). “See 22 M.R.S.A. § 4005(1) (1992 & Supp.2001) (requiring guardian ad litem to act in pursuit of best interest of child and to investigate, report, and make recommendations to court).”
In re Aurora M., 2018 ME 4 (Me. 2018). “§ 1554 (2017); 3 22 M.R.S. § 4005(1) (2017). We disagree and affirm the judgment.”
— Me. Rev. Stat. tit. 22, § 4005(1)(A) — 4 cases
Marr v. Maine Dep't of Human Servs., 215 F. Supp. 2d 261 (D. Me. 2002). “Although the complaint does not expressly state the statutory provision under which the court appointed Irwin as a GAL, the complaint specifically refers to the duties of a GAL pursuant to 22 M.R.S.A. § 4005. (Compile 303, 310.) The child protective proceeding giving rise to…”
In Re Chelsea C., 2005 ME 105 (Me. 2005). “2 A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem’s report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents’ divorce action.”
In Re Jon N., 2000 ME 123 (Me. 2000).
Bryan C v. Lambrew (D. Me. 2021).
— Me. Rev. Stat. tit. 22, § 4005(1)(B) — 13 cases
In Re Chelsea C., 2005 ME 105 (Me. 2005). “2 A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem’s report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents’ divorce action.”
In re Aurora M., 2018 ME 4 (Me. 2018). “§ 1554 (2017); 3 22 M.R.S. § 4005(1) (2017). We disagree and affirm the judgment.”
In Re Nikolas E., 1998 ME 243 (Me. 1998). “A guardian ad litem was appointed pursuant to 22 M.R.S.A. § 4005 (1992 & Supp.1997), amended by P.”
In Re Child of Danielle H., 2026 ME 19 (Me. 2026).
In re Child. of James B ., 2020 ME 14 (Me. 2020).
— Me. Rev. Stat. tit. 22, § 4005(1)(B)(5) — 1 case
In Re Chelsea C., 2005 ME 105 (Me. 2005). “2 A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem’s report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents’ divorce action.”
— Me. Rev. Stat. tit. 22, § 4005(1)(D) — 7 cases
In Re Chelsea C., 2005 ME 105 (Me. 2005). “2 A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem’s report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents’ divorce action.”
In re Caleb M., 2017 ME 66 (Me. 2017). “22 M.R.S. § 4005(1)(D) (2016); see also M.”
Kathy J. Banks v. Patrick R. Leary, 2019 ME 89 (Me. 2019).
In re Brandon D., 854 A.2d 228 (Me. 2004).
In re Mark M., 581 A.2d 807 (Me. 1990).
— Me. Rev. Stat. tit. 22, § 4005(1)(F) — 2 cases
In re Richard E., 978 A.2d 217 (Me. 2009).
In Re Nikolas E., 1998 ME 243 (Me. 1998). “A guardian ad litem was appointed pursuant to 22 M.R.S.A. § 4005 (1992 & Supp.1997), amended by P.”
— Me. Rev. Stat. tit. 22, § 4005(1)(G) — 2 cases
Marr v. Maine Dep't of Human Servs., 215 F. Supp. 2d 261 (D. Me. 2002). “Although the complaint does not expressly state the statutory provision under which the court appointed Irwin as a GAL, the complaint specifically refers to the duties of a GAL pursuant to 22 M.R.S.A. § 4005. (Compile 303, 310.) The child protective proceeding giving rise to…”
In Re Chelsea C., 2005 ME 105 (Me. 2005). “2 A guardian ad litem was appointed and conducted an investigation pursuant to 22 M.R.S.A. § 4005 (2004). The guardian ad litem’s report indicated contacts with Chelsea, her parents, and nine other individuals, including the guardian ad litem in the parents’ divorce action.”
— Me. Rev. Stat. tit. 22, § 4005(2) — 30 cases
In Re Scott S., 2001 ME 114 (Me. 2001). “Also similar to criminal proceedings, the State has significant resources that may be brought to bear against parents thought to create a risk of harm to their children. In recognition of the serious nature of the proceedings, the Legislature has assured that parents will be…”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “§ 1912(b) ; 22 M.R.S. § 4005(2), and granted the Penobscot Nation's motion to intervene, see 25 U.”
Hatch v. Anderson, 2010 ME 94 (Me. 2010). “733, § 18 (effective July 3, 1980) (codified at 22 M.R.S. § 4005(2) (2009)). 1 [¶ 8] We do not accept the premise that Hatch’s parental rights have been terminated.”
In re M.P., 2015 ME 138 (Me. 2015). “The parent’s interest is significant because a parent has a statutory right to legal counsel in child protection proceedings given the important liberty interests at stake, see 22 M.R.S. § 4005(2) (2014), and, at a termination hearing, the ineffective assistance of counsel could…”
In re Nicholas G., 200 A.3d 783 (Me. 2019).
— Me. Rev. Stat. tit. 22, § 4005(b) — 1 case
In Re Kaleb C., 2002 ME 65 (Me. 2002).
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