Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 30 - Permanency Planning for Children › Section 13 CSR 40-30.020 - Attorney Fees in Termination of Parental Rights Cases

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to establish
				  fees for attorneys and guardians
ad litem
who provide services in
				  termination of parental rights cases.
(1) If permanency for the children requires
				parental rights be terminated to enable children to be permanently placed or
				adopted, the children's parents shall be provided representation in such cases
				which shall include counsel, investigative, expert and other services to ensure
				adequate representation. This includes the appointment of a guardian
ad
				litem
for the children. Representation shall be provided for
				financially eligible persons. A person is considered financially eligible when
				it appears from all of the circumstances of the case including the person's
				income, the number of individuals dependent on the person for support, and the
				person's financial assets and liabilities, that the person does not have the
				means available to obtain counsel and is indigent. Upon motion and/or
				application by any party, the court in which the case is pending shall have the
				authority to determine, based on a finding of indigency, whether the Division
				of Family Services should pay for counsel for a particular parent. The motion
				and/or application for and determination of indigency may be made at any time
				by the court. If the court finds the parent is not indigent, the Division of
				Family Services shall discontinue paying for counsel on behalf of such parent.
				Counsel furnishing representation under the plan shall be selected from a panel
				of attorneys designated or approved by the court, or from a bar association or
				other organization of attorneys willing to furnish representation of parents in
				termination of parental rights cases. A person for whom counsel is appointed
				shall be represented at every stage of the termination of parental rights
				proceeding, from his or her initial appearance after the filing of the
				termination of parental rights petition is filed through appeal, including
				ancillary matters appropriate to the proceedings. In the interest of justice,
				one counsel may be substituted for another at any stage of the
				proceedings.
(2) After the filing
				of a termination of parental rights petition pursuant to Chapter 211, RSMo, or
				if a combined termination of parental rights and transfer of custody and/or
				adoption petition was filed, as permitted by Chapter 453, RSMo, then after the
				initiation of the termination of parental rights phase of that case payment for
				attorney representation shall be made as provided below:
(A) Hourly Rate. Any attorney shall, at the
				conclusion of the representation (i.e., the conclusion of trial or at the
				conclusion of any appeal, or both at the conclusion of trial and at the
				conclusion of appeal), be compensated at a rate not exceeding one hundred
				dollars ($100) per hour. Attorneys may be reimbursed, at the conclusion of the
				representation (i.e., the conclusion of trial or at the conclusion of any
				appeal, or both at the conclusion of trial and at the conclusion of appeal),
				for expenses reasonably incurred, including the costs of transcripts authorized
				by the court except that if a termination of parental rights petition was filed
				in a separate proceeding and a duplicative termination of parental rights
				petition or the transfer of custody and/or adoption petition or the combined
				termination of parental rights and transfer of custody and/or adoption petition
				was filed prior to the court's ordering of termination of parental rights in
				that separate proceeding, reimbursement for attorneys fees and/or expenses will
				not be reimbursed if those fees and/or expenses are duplicative of fees and/or
				expenses reimbursed in the separate termination of parental rights
				proceeding;
(B) Maximum Amounts.
				The compensation to be paid for representation at trial shall not exceed one
				thousand dollars ($1,000) for uncontested matters and seven thousand dollars
				($7,000) for contested matters. For representation in an appellate court, the
				compensation shall not exceed three thousand five hundred dollars ($3,500) at
				one hundred dollars ($100) per hour;
(C) Cost of Extraordinary Expenses. The cost
				of extraordinary expenses must be approved in advance by the court but shall be
				reimbursed at the conclusion of the representation (i.e., the conclusion of
				trial or at the conclusion of any appeal, or both at the conclusion of trial
				and at the conclusion of appeal). Such extraordinary expenses include:
1. Psychiatric/psychological/medical
				evaluations;
2. Expert witnesses;
				and
3. Deposition of
				witnesses;
(D) Waiving
				Maximum Amounts. Payment in excess of any maximum amount provided in subsection
				(2)(B) may be made for extended or complex representation whenever the court in
				which the representation was rendered certifies that the amount of the excess
				payment is necessary to provide fair compensation and the payment is approved
				by the court. At any time an attorney believes that the cost of representation
				will surpass the limits provided for in subsection (2)(B), they must provide
				notice to the Division of Family Services, that they may exceed the current
				maximum fee;
(E) Disclosure of
				Fees. The amounts paid to particular attorneys or groups of attorneys shall be
				available as public records. However, the identity of parties, including
				parents, children, foster parents and anyone whose confidentiality is
				established in Chapter 210 or 211, RSMo, shall not be publicly
				available;
(F) Filing Claims. A
				separate claim for compensation and reimbursement shall be made to the Division
				of Family Services for each case. Each claim shall be supported by a sworn
				written statement specifying the time expended, services rendered, and expenses
				incurred while the case was pending before the court, and the compensation and
				reimbursement applied for or received in the same case from any other source.
				The Division of Family Services may agree to the claim, may negotiate the claim
				with the applying attorney, or may deny the claim in which case the attorney
				shall apply to the court to determine the compensation and reimbursement to be
				paid to the attorney;
(G) New
				Trials. For purposes of compensation and other payments authorized by this
				section, an order by a trial or appellate court granting a new trial shall be
				deemed to initiate a new case;
(H)
				Receipt of Other Payments. Whenever the Division of Family Services or the
				court finds that funds are available for payment from or on behalf of a person
				furnished representation, it may authorize or direct that such funds be paid to
				the appointed attorney.