2021 Judicial Conference Program

presents risks and barriers to evaluators and families. To address these concerns, the work group developed an information sheet for judges and sample safety protocols for custody evaluators and families. Domestic Forms Work Group During the reporting period, the Domestic Forms Work Group, chaired by Hon. Mary M. Kramer, continued to develop new and review existing domestic forms for legal sufficiency, consistency, and compliance with plain language standards. The work group completed revisions to the divorce, name change, and certain child custody and child support forms. It also reviewed rule-based financial forms and began working on forms for a petition for adoption, a request for emergency relief, and a marital settlement agreement. Family Mediation and Abuse Screening Work Group The Family Mediation and Abuse Screening Work Group, chaired by Hon. Ruth Jakubowski, was formed during the reporting period to revise the Judiciary publication, Screening Cases for Family Violence Issues to Determine Suitability for Mediation and Other Forms of ADR. The work group is examining whether Rule 9-205 (Mediation of Child Custody and Visitation Disputes) provides adequate guidance to courts when screening and referring cases to mediation. The work group is developing best practices and processes for screening contested domestic cases for abuse as well as making determinations on whether cases are appropriate for mediation. Guardianship & Vulnerable Adults Work Group The Guardianship & Vulnerable Adults Work Group, chaired by Hon. Karen Murphy Jensen (Ret.), continued to implement its 2016 recommendations for reforming guardianship court practices statewide. During the reporting period, the work group advocated for new rules and rule changes, focused on training mediators and court-appointed attorneys, and court monitoring. On January 1, 2020, a third set of new rules and rule changes proposed by the work group went into effect. The changes are geared toward protecting the rights and interests of persons under guardianship and further refining court processes. Specifically, they clarify the role of attorneys for minors and alleged disabled persons as that of an advocate, overhaul forms courts use to monitor guardianships, and protect the privacy of persons under guardianship. The work group supported efforts to implement its recommendation to expand the use of mediation and other forms of alternative dispute resolution in guardianship matters. With its support, Juvenile & Family Services and MACRO hosted a three-day elder and adult guardianship mediation training in Columbia on November 6-8, 2020. The training featured Zena Zumeta and Susan Butterwick, national expert trainers in elder and adult guardianship mediation. Nineteen mediators attended the training and learned about using mediation with aging populations and people struggling with dementia, loss, and physical disability; the dynamics of elder abuse and how to screen for it; and ethics and confidentiality. A second training was scheduled for May 4-6, 2020 in Annapolis but was cancelled due to COVID-19. It will be offered online in March 2021 instead. Juvenile & Family Services also hosted a training program that conforms with the Maryland Guidelines for Attorneys Representing Minors and Alleged Disabled Persons in Guardianship Proceedings on October 3, 2019 in Bethesda. The training featured faculty including work group members, consultants, and staff. Another training was scheduled for April 30, 2020 in Hughesville but was cancelled due to COVID-19. The training program highlighted attorneys’ continued struggle with their role as advocate. One source of tension is Maryland Rule 19-301.14 (client with diminished capacity). The work group requested that the Rules Committee examine whether that rule provides sufficient guidance to attorneys working with clients who have (or are alleged to have) diminished capacity. The request was referred to the Attorneys and Judge Subcommittee of the Rules Committee, who agreed to the formation of a project to examine the rule. Judicial members of the work group and other guardianship stakeholders from across the state helped Juvenile & Family Services develop a court monitoring pilot program. The purpose of the pilot is to enhance the ability of circuit courts to manage and monitor guardianships of adults and minors. Juvenile and Family Services will contract with, train, and coordinate a group of guardianship monitors and auditors to investigate guardianship matters pursuant to this protocol and Md. Rule 10-106.2. If there are no assets to pay the monitors or auditors, they may be paid out of pilot project funds. The program is expected the launch in the next reporting period.

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