Missouri
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Discretionary
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for indigent parents in abuse/neglect proceedings.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
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Litigation
Key Development
October 6, 2015
Missouri court: parents must be informed of right to counsel
A Missouri appellate court found that courts must tell parents they have a right to request appointment of counsel.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
A child has a right to an attorney-GAL in an abuse or termination matter.
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Key Development
January 25, 2024
MO legislature to consider several bills that would provide client-direct counsel for kids
The MO legislature is considering several bills that would change a child's right to an attorney GAL to the right to client-directed counsel.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
Read More
Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to GAL and presumptive right to counsel at involuntary medical treatment hearing
In involuntary treatment matters under the protective services code, there is a presumptive right to counsel, at least in capacity hearings.
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Discretionary
All Basic Human Needs
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a litigant in any civil proceeding.
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Litigation
Key Development
Discretionary appointment of counsel
A Missouri court held that trial courts have the inherent power to appoint counsel in civil cases.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
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.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for the respondent in civil commitment proceedings.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
Several Missouri courts have found a federal due process right to counsel in civil contempt proceedings.
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Key Development
May 26, 2015
Missouri debtor's prison case, including right to counsel claim, moves forward
A federal case alleging the City of Ferguson is jailing indigent debtors without a hearing or counsel has survived a motion to dismiss.
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Qualified
Custody Disputes - Children
Legislation
Key Development
Right to counsel
A court must appoint counsel for the child in certain custody cases and may appoint counsel in others.
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Categorical
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
Persons subjected to a guardianship or conservatorship have a right to counsel.
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Other
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
No right to counsel
The appellate court found no statutory right to counsel for parents whose child the subject of a guardianship matter.
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Qualified
Housing - Evictions
Legislation
Key Development
December 27, 2023
All about the tenant right to counsel in Kansas City
Kansas City has enacted an ordinance guaranteeing counsel for all tenants facing eviction regardless of income.
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Key Development
July 7, 2023
St. Louis is 22nd right to counsel jurisdiction
St. Louis has enacted a right to counsel for all tenants facing eviction.
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Discretionary
Incarceration for Fees/Fines (incomplete)
Court Rule or Initiative
Key Development
Discretionary appointment of counsel
Courts must appoint counsel in fees/fines cases where necessary to protect due process rights.
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Qualified
Parentage - Petitioner or Child
Legislation
Key Development
Right to guardian ad litem
The court shall appoint an attorney guardian ad litem for children in parentage matters under the Uniform Parentage Act in certain situations.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
Read More
Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for a person named in a petition for commitment due to tuberculosis, but not other isolation or quarantine orders.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel for respondents in sexually violent predator proceedings.
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No Such Proceeding
Sterilization
Litigation
Court says no authority for sterilization
A Missouri appellate court held there is no authority to sterilize a person.
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Discretionary
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
April 22, 2022
Discretionary appointment of counsel
A 2022 law changed appointment of counsel for birth parents in adoption cases from mandatory to discretionary.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
Read More
Categorical
Termination of Parental Rights (Private) - Children
Legislation
Key Development
Right to counsel
A combination of legislation and court rules requires appointment of an attorney for a child in an adoption case.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
A court must appoint counsel for indigent parents in termination of parental rights proceedings.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
Read More
Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
A child has a right to an attorney-GAL in an abuse or termination matter.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
Read More
Discretionary
Truancy - Petition Against Child
Legislation
Key Development
July 14, 2021
Discretionary appointment of counsel
The court may appoint counsel for Missouri children in truancy cases, which are treated as "child in need of care or treatment" matters.
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Key Development
January 25, 2024
Several bills sought to strengthen counsel for parents and kids
In 2024, MO introduced legislation to address shortcomings in the right to counsel for both kids and their parents in various case types.
Read More
Discretionary