Discretionary appointment of counsel

07/14/2021 , Missouri , Legislation , Truancy - Petition Against Child

In Missouri, truancy is treated as a “child in need of care or treatment” matter, pursuant to Mo. Stat. 211.031(2)(a).   

Previously, childen had the right to counsel regardless of indigence in such proceedings under Mo. Stat. 211.211(3), but the statute was amended in 2021 by SB 53 and 60 to make appointment discretionary. 

The provision now reads, “When a petition has been filed under subdivision (2) or (3) of subsection 1 of section 211.031, the court may appoint counsel for the child…” (emphasis added).

Appointment of Counsel: Discretionary
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.