Section 211.211

Title XII PUBLIC HEALTH AND WELFARE

Chapter 211

Effective - 28 Aug 2017, 3 histories, see footnote   (history) 

  211.211.  Right to counsel or guardian ad litem — counsel appointed, when — waiver. — 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.  When a petition has been filed under subdivision (2) or (3) of subsection 1 of section 211.031, the court shall 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.

  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 right to counsel only with the approval of the court.

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  Waiver of counsel by a child may be withdrawn at any stage of the proceeding, in which event the court shall appoint counsel for the child if required by subsection 3 of this section.

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(L. 1957 p. 642 § 211.215, A.L. 1989 H.B. 502, et al., A.L. 2017 S.B. 160)