Right to counsel

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) [abuse/neglect proceedings] of subsection 1 of section 211.031.”  Mo. Ann. Stat. § 210.160 similarly specifies that “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.