Missouri

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for indigent parents in abuse/neglect proceedings.

Appointment of Counsel: discretionary Qualified: no

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Litigation

MO court: parents must be informed of right to counsel

10/06/2015

A Missouri appellate court found that courts must tell parents they have a right to request appointment of counsel.

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

A child has a right to counsel in an abuse/neglect proceeding.

Appointment of Counsel: categorical Qualified: no

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All Basic Human Needs

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a litigant in any civil proceeding.

Appointment of Counsel: discretionary Qualified: no

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Litigation

Discretionary appointment of counsel

A Missouri court held that trial courts have the inherent power to appoint counsel in civil cases.

Appointment of Counsel: discretionary Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Indigent minors have a right to counsel in proceedings to bypass parental consent for an abortion, as do any other parties to the action.

Appointment of Counsel: categorical Qualified: no

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Child Support Enforcement (Civil Contempt)

Litigation

Missouri debtor's prison case, including right to counsel claim, moves forward

05/26/2015

A federal case alleging the City of Ferguson is jailing indigent debtors without a hearing or counsel has survived a motion to dismiss.

 

Nccrc_involvement_icon NCCRC staff are working with the plaintiffs on the right to counsel claims.

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Key_development Question_mark

Right to counsel

Several Missouri courts have found a federal due process right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the respondent in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for the child in certain custody cases and may appoint counsel in others.

Appointment of Counsel: categorical Qualified: yes

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

Persons subjected to a guardianship or conservatorship have a right to counsel.

Appointment of Counsel: categorical Qualified: no

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

Several Missouri courts have found a federal due process right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Quarantine/Sterilization/Innoculation

Legislation

Key_development Question_mark

Right to counsel - quarantine

Indigent persons subjected to quarantine have a right to counsel.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Confinement

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for respondents in sexually violent predator proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

A combination of legislation and court rules requires appointment of an attorney for a child in an adoption case.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A child has a right to counsel in a termination of parental rights proceeding.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent birth parents have a right to counsel in adoption proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

A court must appoint counsel for indigent parents in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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