Missouri enacts right to client-directed counsel for kids 14 years of age and older!

Right to counsel for children 14 years of age or older

Previously, children in Missouri were entitled only to an attorney guardian ad litem (GAL).  However, in May 2025, the Missouri legislature enacted HB 737, creating a right to client-directed counsel for children 14 years of age and older in abuse matters.  For these children, the court would not be required to concurrently appoint an attorney ad litem.  Specifically, the right to client-directed counsel would apply to children who are at least 14 years of age but less than 18 years of age who are “the subject of proceedings under sections 210.110 to 210.165 [child abuse] except proceedings under Section 6 of section 210.152 [administrative review of child abuse or neglect registry], sections 210.700 to 210.760 [court review of child placed with agency or foster care], or sections 211.442 to 211.487 [termination of parental rights].”

The right to counsel will be rolled out in January 1, 2028, but judges may implement the appointment provision prior “pursuant to a pilot project implemented under section 477.715.”

The bill also creates a “Child and Family Legal Representation Coordinating Commission” within the judicial branch, composed of nine appointed members, some of whom must have at least five years experience representing children as either counsel or GALs, and “[a]t least one member of the Committee shall be a former foster youth with direct experience…”  The Committee will have a variety of responsibilities, including making recommendations to the Missouri Supreme Court about minimum training requirements and practice standards for attorneys, as well as to develop, coordinate, and evaluate any pilot project established by the Court related to child or parent counsel.

To read more about the change in the law, read the National Association of Counsel for Children (NACC) May 2025 Policy Updates.  See also Clara Bates, Sweeping Missouri child welfare bill, including child marriage ban, heads to governor’s desk, Missouri Independent (Apr. 29, 2025).

Right to attorney GAL for children younger than 14 years

Children younger than 14 years of age in Missouri abuse matters will continue to be entitled to an attorney GAL.  Mo. Ann. Stat. § 211.211(1) states:

A child is entitled to be represented by … a guardian ad litem in all proceedings under subdivision (1) of subsection 1 of section 211.031 [abuse/neglect proceedings], except a otherwise provided in subsection 3 of section 210.160 when the child shall be represented by counsel and the provisions of section 210.160 shall apply to the appointment of such counsel.

Mo. Ann. Stat. § 210.160 similarly provides, “Subject to the provisions of subsection 3 of this section, in every case involving an abused or neglected child which results in a judicial proceeding, the judge shall appoint a guardian ad litem to appear for and represent… [a] child who is the subject of [abuse and neglect] proceedings”, and a Supreme Court rule clarifies that “When appointing a guardian ad litem for a child, the court shall only appoint a lawyer licensed by the Supreme Court who has completed the training required by these standards.”  Mo. Sup. Ct., Standards with Comments for Guardians Ad Litem in Missouri, Standard 1.0.

Furthermore, “[i]f the guardian ad litem determines there is conflict between advocating for the best interests of the child and representation of the child’s preferences, the guardian ad litem shall continue to perform as the guardian ad litem for the child and may request that the court appoint another lawyer to represent the child’s preferences.” Mo. Sup. Ct., Standards with Comments for Guardians Ad Litem in Missouri, Standard 13.

The right to an attorney GAL extends to termination of parental rights cases as well, since Section 211.462(1) states, “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.”