§1557. Complaint process

1.  Rules.  The Supreme Judicial Court shall provide by rule for a complaint process concerning guardians ad litem appointed under Title 18-C, Title 19-A and Title 22 that provides for at least the following:

A. The ability of a party to make a complaint before the final judgment as well as after the final judgment is issued;   [PL 2013, c. 406, §1 (NEW).]

B. Written instructions on how to make a complaint;   [PL 2013, c. 406, §1 (NEW).]

C. Clear criteria for making a complaint;   [PL 2013, c. 406, §1 (NEW).]

D. Transparent policies and procedures concerning the investigation of complaints and the provision of information to complainants;   [PL 2013, c. 406, §1 (NEW).]

E. A central database to log and track complaints; and   [PL 2013, c. 406, §1 (NEW).]

F. Policies and procedures for using complaints and investigations for recommending the removal of a guardian ad litem from a particular case or other consequences or discipline.   [PL 2013, c. 406, §1 (NEW).]

[PL 2017, c. 402, Pt. C, §12 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2.  Complaint process.  The division shall provide written and electronic information to communicate the complaint process to the public and to all parties.

[PL 2013, c. 406, §1 (NEW).]

3.  Minor complaint option.  The rules may provide for a minor complaint option that authorizes corrective action without the necessity of completing the full complaint and investigatory process.

[PL 2013, c. 406, §1 (NEW).]

4.  Motion to remove.  The complaint process adopted pursuant to this section is in addition to the right of a party to file a motion to remove the guardian ad litem while the case is pending. The court shall hold a hearing on the motion at the request of the party filing the motion. The motion may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require.

[PL 2013, c. 406, §1 (NEW).]

SECTION HISTORY

PL 2013, c. 406, §1 (NEW). PL 2017, c. 402, Pt. C, §12 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).