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Wednesday, April 2, 2014

SIGN THE PETITION TO REPAIR PROPOSED BILL SB 494!

Hello! 
 
I've started the petition "Connecticut State Legislature and Dannel Malloy: Amend SB00494" and need your help to get it off the ground.
  
Will you take 30 seconds to sign it right now? Here's the link: 
 
 
Here's why it's important: 
 
On April 1, 2014, the Judiciary Committee voted to send their version of Bill SB00494 to the entire legislature for vote.  Their version of the bill does address the issues raised by the public during public hearings held on January 9, 2014 and on March 31, 2014.
 
We respectfully ask the entire State Legislature to amend Bill SB00494 to address the concerns raised by the public as follows:

1.  Assign GAL's in Family Court cases ONLY after abuse and/or neglect has been identified as a concern and a hearing has been held to substantiate the claims.  Otherwise, the judge has the option of ordering an outside evaluator to investigate claims made by the parties in contested matters.

2.  Create or modify an independent entity, to provide oversight of all GAL's / AMC's who are appointed in Family Court cases.
 
3.  Create a written Code of Professional Conduct and Ethics to which all GAL's and AMC's must adhere otherwise face discplinary action from the oversight entity or removal from assignment.
 
4. Provide a clear definition of the role of the GAL / AMC.  At the minimum it should include the following, home visit which each parent and child(ren), discussion with and prepare report or evaluation of the 16 statutory factors involved in the determination of best interests of the child.
 
5.  Cap fees paid to a GAL unless agreed to by BOTH parties.
 
6. Prior to presenting a list of 5 GAL's to the parties, draw by chance from a larger pool of GAL's the 5 names.
 
7.  Require that the Judiciary solicit public input for any publication concerning the role of GAL's prior to release of said publication.
 
8.  Provide clear guidelines for removal of GAL's /AMC's so as to avoid wide discretion in the judicial authoriity to make such determination.
 
9.  Prohibit the admission of hearsay by the GAL into evidence.
 
10. Require that all GAL files be discoverable to all parties.
 
11. Eliminate PB 25-61 rule in which all evaluations are given to the GAL.  All evaluations should be delivered to the court directly by the party who performed the evaluation.
 
12. Provide guidelines to use in determining whether a GAL's request for an extension of time is acceptable.
 
13.  Provide guidelines for when a GAL appointment shall end.
 
14. Revise the wording of Section 5b to read "WILL" or "SHALL" in lieu of "MAY" as currently shown.
 
Only until such time that these amendments are made should Bill SB00494 be passed into law.
 
Thank you.
 
History Behind Bill SB00494
 
A previous peition was created to bring to the attention of the CT legislature the abuses by GAL's in the CT Family Court system.  Over 700 individuals signed that petition.  It can be found at the following link ...

http://www/galreform.org

Subsequently a Task Force was established to study in part the role of the Guardian Ad Litem in CT divorce cases.  This was long overdue.  Sadly the Task Force was set to fail as legislators placed two industry insiders as the co-chairs who made it very clear from the start that they did not consider GAL reform an issue.  This is evident in the tape recorded Task Force public hearings.

Despite the two co-chairs attempts to prevent it from occuring, on January 9, 2014 over 60 parents testified in a public hearing about the horrors occuring in the CT Family Court System in particular attention to the conduct of GAL's.  The video of their testimony has been viewed over 6000 times.  It can be found at the following link ....



http://www.ctn.state.ct.us/ctnplayer.asp?odID=9782

The Task Force produced a report which did not address the concerns raised during the January 9 hearing by the Public.  However, a dissenting group within the Task Force whose views represented those of the many victimized parents, prepared a separate Minority Report.  This dissenting group was led by Rep. Minnie Gonzalez and Rep. Ed Vargas.

In response to the Task Force, the Judiciary Committee put forth proposed Bill SB 494.  However, the public only received 4 days notice to prepare for a public hearing on March 31, 2014.  Despite the short notice a large number of the public appeared and testified against Proposed Bill SB 494 as it does not go far enough to address their concerns.  The testimony from March 31, 2014 hearing can be viewed at the following link ...
 
You can sign my petition by clicking here.
Thanks!
Hector Morera

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