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Section: 211.0462 Appointment of guardian ad litem, when--rights of parent or guardian--county to pay court costs, exceptions. RSMO 211.462


Published: 2015

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Missouri Revised Statutes













Chapter 211

Juvenile Courts

←211.459

Section 211.462.1

211.464→

August 28, 2015

Appointment of guardian ad litem, when--rights of parent or guardian--county to pay court costs, exceptions.

211.462. 1. In all actions to terminate parental rights, if not

previously appointed pursuant to section 210.160, a guardian ad litem shall

be appointed for the child as soon as practicable after the filing of the

petition.



2. The parent or guardian of the person of the child shall be notified

of the right to have counsel, and if they request counsel and are financially

unable to employ counsel, counsel shall be appointed by the court. Notice of

this provision shall be contained in the summons. When the parent is a minor

or incompetent the court shall appoint a guardian ad litem to represent such

parent.



3. The guardian ad litem shall, during all stages of the proceedings:



(1) Be the legal representative of the child, and may examine,

cross-examine, subpoena witnesses and offer testimony. The guardian ad litem

may also initiate an appeal of any disposition that he determines to be

adverse to the best interests of the child;



(2) Be an advocate for the child during the dispositional hearing and aid

in securing a permanent placement plan for the child. To ascertain the

child's wishes, feelings, attachments, and attitudes, he shall conduct all

necessary interviews with persons, other than the parent, having contact with

or knowledge of the child and, if appropriate, with the child;



(3) Protect the rights, interest and welfare of a minor or incompetent

parent by exercising the powers and duties enumerated in subdivisions (1) and

(2) of this subsection.



4. Court costs shall be paid by the county in which the proceeding is

instituted, except that the court may require the agency or person having or

receiving legal or actual custody to pay the costs.



(L. 1978 H.B. 972 § 5, A.L. 1985 H.B. 366, et al.)







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