Section 211.211

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 2021, 3 histories   

  211.211.  Right to counsel or guardian ad litem — counsel appointed, when — waiver, exceptions for certain proceedings. — 1.  A child is entitled to be represented by counsel in all proceedings under subdivision (2) or (3) of subsection 1 of section 211.031 and by a guardian ad litem in all proceedings under subdivision (1) of subsection 1 of section 211.031.

  2.  The court shall appoint counsel for a child prior to the filing of a petition if a request is made therefor to the court and the court finds that the child is the subject of a juvenile court proceeding and that the child making the request is indigent.

  3.  (1)  When a petition has been filed under subdivision (2) or (3) of subsection 1 of section 211.031, the court may appoint counsel for the child except if private counsel has entered his or her appearance on behalf of the child or if counsel has been waived in accordance with law; except that, counsel shall not be waived for any proceeding specified under subsection 10 of this section unless the child has had the opportunity to meaningfully consult with counsel and the court has conducted a hearing on the record.

  (2)  If a child waives his or her right to counsel, such waiver shall be made in open court and be recorded and in writing and shall be made knowingly, intelligently, and voluntarily.  In determining whether a child has knowingly, intelligently, and voluntarily waived his or her right to counsel, the court shall look to the totality of the circumstances including, but not limited to, the child's age, intelligence, background, and experience generally and in the court system specifically; the child's emotional stability; and the complexity of the proceedings.

  4.  When a petition has been filed and the child's custodian appears before the court without counsel, the court shall appoint counsel for the custodian if it finds:

  (1)  That the custodian is indigent; and

  (2)  That the custodian desires the appointment of counsel; and

  (3)  That a full and fair hearing requires appointment of counsel for the custodian.

  5.  Counsel shall be allowed a reasonable time in which to prepare to represent his client.

  6.  Counsel shall serve for all stages of the proceedings, including appeal, unless relieved by the court for good cause shown.  If no appeal is taken, services of counsel are terminated following the entry of an order of disposition.

  7.  The child and his custodian may be represented by the same counsel except where a conflict of interest exists.  Where it appears to the court that a conflict exists, it shall order that the child and his custodian be represented by separate counsel, and it shall appoint counsel if required by subsection 3 or 4 of this section.

  8.  When a petition has been filed, a child may waive his or her right to counsel only with the approval of the court and if such waiver is not prohibited under subsection 10 of this section.  If a child waives his or her right to counsel for any proceeding except proceedings under subsection 10 of this section, the waiver shall only apply to that proceeding.  In any subsequent proceeding, the child shall be informed of his or her right to counsel.

  9.  Waiver of counsel by a child may be withdrawn at any stage of the proceeding, in which event the court shall appoint counsel for the child if required by subsection 3 of this section.

  10.  A child's right to be represented by counsel shall not be waived in any of the following proceedings:

  (1)  At any contested detention hearing under Missouri supreme court rule 127.08 where the petitioner alleges that the child violated any law that, if committed by an adult, would be a felony unless an agreement is otherwise reached;

  (2)  At a certification hearing under section 211.071 or a dismissal hearing under Missouri supreme court rule 129.04;

  (3)  At an adjudication hearing under Missouri supreme court rule 128.02 for any felony offense or at any detention hearing arising from a misdemeanor or felony motion to modify or revoke, including the acceptance of an admission;

  (4)  At a dispositional hearing under Missouri supreme court rule 128.03; or

  (5)  At a hearing on a motion to modify or revoke supervision under subdivision (2) or (3) of subsection 1 of section 211.031.

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(L. 1957 p. 642 § 211.215, A.L. 1989 H.B. 502, et al., A.L. 2017 S.B. 160, A.L. 2021 H.B. 432 merged with S.B. 53 & 60)