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Rule 115.03 – Right of Parents, Guardian or Custodian to Appointed Counsel

May 13, 2021 | Family Law, Missouri

a. In any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, the court shall appoint counsel for the juvenile’s parent, guardian or custodian upon finding that:

(1) the parent, guardian or custodian is indigent; and
(2) the parent, guardian or custodian requests appointment of counsel; and
(3) a full and fair hearing requires appointment of counsel for the parent, guardian or custodian.
b. Appointed counsel shall be allowed a reasonable time in which to prepare to represent the parent, guardian or custodian.
c. Appointed counsel shall serve at all stages of any proceeding under subdivision (1) of subsection 1 of section 211.031, RSMo, including appeal, unless relieved by the court for good cause shown. If no appeal is taken, services of counsel may be terminated following entry of an order of disposition.

Mo. R. Prac. P. Juv. Ct. & Fam. Ct. 115.03

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

Comment

The court may at any time, sua sponte or at the request of a party, review whether a parent, guardian or custodian is or remains indigent and, if no longer indigent, discharge appointed counsel or, if now indigent, appoint counsel if requested and required for a full and fair hearing.

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