Chapter 11: Right to Counsel
Section 11.1 |
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Generally |
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Section 11.1 Generally |
All parties are entitled to be represented by counsel in all proceedings. Supreme Court Rule 115.01(a). See also Section 211.211.1, RSMo. The court may, from time to time, have to consider requests from both the juvenile as well as the juvenile's custodian for the appointment of counsel. See also In the Interest of D.J.M., 259 S.W.3d 533 (Mo. 2008); Juvenile Office v. Schmidt (In the Interest of N.S.), 77 S.W.3d 655 (Mo. App. E.D. 2002); In the Interest of C.F., 340 S.W.3d 296 (Mo. App. E.D. 2011); In the Interest of M.M., 320 S.W.3d 191 (Mo. App. E.D. 2010); In Interest of J.L.C., 844 S.W.2d 123 (Mo. App. S.D. 1992).
In any proceeding under Section 211.031.1 RSMo, the court SHALL appoint counsel for the juvenile when necessary to assure a full and fair hearing. Supreme Court Rule 115.02.1.
In any proceeding under Section 211.031.2 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 any proceeding under Section 211.031.1(1) RSMo, the court shall appoint counsel for the juvenile’s parent, guardian or custodian upon finding that:
- The parent, guardian or custodian is indigent; and
- The parent, guardian or custodian requests appointment of counsel; and
- A full and fair hearing requires appointment of counsel for the parent, guardian or custodian. Supreme Court Rule 115.03.a.