Mo. Rev. Stat. § 210.160 — MO Code / Chapter 210 / Section 210.160
210.160 Guardian ad litem and counsel appointed for child, when — fees — volunteer ...
Status: in_force

210.160. Guardian ad litem and counsel appointed for child, when — fees — volunteer advocates may be appointed to assist guardian — training program. — 1. Subject to the provisions of subsection 3 of this section, in every case involving an abused or neglected child which results in a judicial proceeding, the judge shall appoint a guardian ad litem to appear for and represent:

(1) A child who is the subject of proceedings pursuant to sections 210.110 to 210.165 except proceedings under subsection 6 of section 210.152 , sections 210.700 * to 210.760 , sections 211.442 to 211.487 , or sections 453.005 to 453.170 , or proceedings to determine custody or visitation rights under sections 452.375 to 452.410 ; or

(2) A parent who is a minor, or who is a mentally ill person or otherwise incompetent, and whose child is the subject of proceedings under sections 210.110 to 210.165 , sections 210.700 * to 210.760 , sections 211.442 to 211.487 , or sections 453.005 to 453.170 .

2. The judge, either sua sponte or upon motion of a party, may appoint a guardian ad litem to appear for and represent an abused or neglected child involved in proceedings arising under subsection 6 of section 210.152 .

3. (1) Beginning January 1, 2028, and subject to necessary appropriations made for that purpose, the judge shall appoint counsel for a child who is at least fourteen but less than eighteen years of age and who is the subject of proceedings under sections 210.110 to 210.165 except proceedings under subsection 6 of section 210.152 , sections 210.700 * to 210.760 , or sections 211.442 to 211.487 . A judge may implement the provisions of this subsection at any time before January 1, 2028, pursuant to a pilot project implemented under section 477.715 , and, if doing so, shall not be required to appoint a guardian ad litem and child's counsel concurrently unless the judge finds it necessary in accordance with subdivision (3) of this subsection.

(2) Counsel shall represent the child at all stages of the proceeding, including appeal. The child and the child's parent or guardian shall not be represented by the same counsel.

(3) A guardian ad litem appointed for a child under this section shall transition to serving as the child's counsel upon the child's fourteenth birthday, provided that the proceeding for which the guardian ad litem was appointed is ongoing. The transition shall occur unless the judge finds it necessary to continue the guardian ad litem appointment if it is determined that the child is at risk for substantial physical, financial, or other harm and cannot adequately act in his or her own interests or if those responsible for the care, custody, and control of the child have been and still are under the jurisdiction of the department of corrections; provided, however, a judge may appoint the child counsel in addition to a guardian ad litem.

(4) The judge may appoint the same attorney to serve as guardian ad litem for children in a sibling group who are under fourteen years of age as the attorney serving as child's counsel for any sibling at least fourteen but less than eighteen years of age; provided that the attorney or judge does not find a conflict of interest in such appointment.

(5) In the event that a child's counsel is appointed under this subsection, the court may appoint or continue the appointment of a volunteer advocate, who shall be governed by the provisions of this section.

(6) Either sua sponte or upon the motion of a party, the judge shall issue an order of appointment for the child's counsel no later than thirty days of the filing of the motion and the counsel shall notify the parties of the change in appointment.

(7) In any court case or proceeding in which child's counsel is appointed by the court, the court shall set a reasonable fee for such services. The court shall award such fees as a judgment to be paid by the state from funds appropriated by the legislature to the judicial branch for such purpose.

4. The guardian ad litem and child's counsel shall be provided with all reports relevant to the case made to or by any agency or person, shall have access to all records of such agencies or persons relating to the child or such child's family members or placements of the child, and upon appointment by the court to a case, shall be informed of and have the right to attend any and all family support team meetings involving the child. Employees of the division, officers of the court, and employees of any agency involved shall fully inform the guardian ad litem and child's counsel of all aspects of the case of which they have knowledge or belief.

5. The appointing judge shall require the guardian ad litem or the child's counsel to faithfully discharge such guardian ad litem's or the counsel's duties, and upon failure to do so shall discharge such guardian ad litem or counsel and appoint another. The appointing judge shall have the authority to examine the general and criminal background of persons appointed as guardians ad litem and children's counsel, including utilization of the family care safety registry and access line pursuant to sections 210.900 to 210.937 ** , to ensure the safety and welfare of the children such persons are appointed to represent. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem or child's counsel for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.

6. The guardian ad litem may be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds. However, no fees as a judgment shall be taxed against a party or parties who have not been found to have abused or neglected a child or children. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513 .

7. The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of the guardian ad litem duties for the court. Nonattorney volunteer advocates shall not provide legal representation. The court shall have the authority to examine the general and criminal background of persons designated as volunteer advocates, including utilization of the family care safety registry and access line pursuant to sections 210.900 to 210.937 ** , to ensure the safety and welfare of the children such persons are designated to represent. The volunteer advocate shall be provided with all reports relevant to the case made to or by any agency or person, shall have access to all records of such agencies or persons relating to the child or such child's family members or placements of the child, and upon designation by the court to a case, shall be informed of and have the right to attend any and all family support team meetings involving the child. Any such designated person shall receive no compensation from public funds. This shall not preclude reimbursement for reasonable expenses.

8. Any person appointed to perform guardian ad litem or children's counsel duties shall have completed a training program in permanency planning and shall advocate for timely court hearings whenever possible to attain permanency for a child as expeditiously as possible to reduce the effects that prolonged foster care may have on a child. A nonattorney volunteer advocate shall have access to a court appointed attorney guardian ad litem or child's counsel should the circumstances of the particular case so require.

(L. 1975 H.B. 578 § 11, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1988 H.B. 1272, et al., A.L. 1996 S.B. 869, A.L. 2004 H.B. 1453, A.L. 2014 H.B. 1092 merged with S.B. 869, A.L. 2025 H.B. 737 & 486 merged with S.B. 43) *Section 210.700 is subject to contingent repeal under section 210.650 . **Section 210.937 was repealed by S.B. 184, 2003. (2004) Section authorizes court order requiring Division of Family Services to pay guardian ad litem for dependent child's attorney fees, where no party has been found to have abused or neglected the child. In re L.D.W., 145 S.W.3d 18 (Mo.App.E.D.).