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Rule 115.02 – Right of Juvenile to Appointed Counsel

May 13, 2021 | Family Law, Missouri

a. In any proceeding under subsection 1 of section 211.031, RSMo, the court shall appoint counsel for the juvenile when necessary to assure a full and fair hearing.
b. In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court shall appoint counsel, in addition to the guardian ad litem, for the juvenile if required by Rule 115.02 a. The juvenile shall not be represented by the same counsel as the juvenile’s parents, guardian or custodian.
c. The court shall appoint counsel upon request for a juvenile prior to the filing of a petition or motion to modify under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, if the juvenile is the subject of the proceeding and appointment of counsel is required under Rule 115.02 a.
d. In any proceeding under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo, the juvenile and the juvenile’s parents, guardian or custodian may be represented by the same counsel in the absence of a conflict of interest. However, where it appears to the court that a conflict of interest exists, the court shall order that the juvenile and the juvenile’s parents, guardian or custodian be represented by separate counsel and, where required under Rule 115.02 a, the court shall appoint counsel for the juvenile.
e. Appointed counsel shall be allowed a reasonable time in which to prepare to represent the juvenile.
f. In any proceeding under subsection 1 of section 211.031, RSMo, where counsel is appointed for the juvenile, the court may assess a reasonable attorney fee and any reasonable and necessary expenses of counsel as costs. In the discretion of the court, such costs may be adjudged against the parents, guardian or custodian of the juvenile, the informing witness as provided by law, or as otherwise provided by law.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 115.02

Adopted May 20, 2009, eff. Jan. 1, 2010.

Comment

An attorney appointed as guardian ad litem for the juvenile may also be appointed as counsel for the juvenile unless a full and fair hearing requires separate counsel.

Rule 115.02 f authorizes the court to assess attorney fees and costs only as specifically authorized by law.

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