Missouri Revised Statutes

Mo. Rev. Stat. § 211.211 (2026)

Right to counsel or guardian ad litem

✓ current as of May 2026

Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

211.211. Right to counsel or guardian ad litem — counsel appointed, when — waiver, exceptions for certain proceedings. — 1. A child is entitled to be represented by counsel in all proceedings under subdivision (2) or (3) of subsection 1 of section 211.031 and by a guardian ad litem in all proceedings under subdivision (1) of subsection 1 of section 211.031, except as 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. Counsel appointed under subsection 3 of section 210.160 shall not be waived.

2. The court shall appoint counsel for a child prior to the filing of a petition if a request is made therefor to the court and the court finds that the child is the subject of a juvenile court proceeding and that the child making the request is indigent.

3. (1) 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 except if private counsel has entered his or her appearance on behalf of the child or if counsel has been waived in accordance with law; except that, counsel shall not be waived for any proceeding specified under subsection 10 of this section unless the child has had the opportunity to meaningfully consult with counsel and the court has conducted a hearing on the record.

(2) If a child waives his or her right to counsel, such waiver shall be made in open court and be recorded and in writing and shall be made knowingly, intelligently, and voluntarily. In determining whether a child has knowingly, intelligently, and voluntarily waived his or her right to counsel, the court shall look to the totality of the circumstances including, but not limited to, the child's age, intelligence, background, and experience generally and in the court system specifically; the child's emotional stability; and the complexity of the proceedings.

4. When a petition has been filed and the child's custodian appears before the court without counsel, the court shall appoint counsel for the custodian if it finds:

(1) That the custodian is indigent; and

(2) That the custodian desires the appointment of counsel; and

(3) That a full and fair hearing requires appointment of counsel for the custodian.

5. Counsel shall be allowed a reasonable time in which to prepare to represent his client.

6. Counsel shall serve for all stages of the proceedings, including appeal, unless relieved by the court for good cause shown. If no appeal is taken, services of counsel are terminated following the entry of an order of disposition.

7. The child and his custodian may be represented by the same counsel except where a conflict of interest exists. Where it appears to the court that a conflict exists, it shall order that the child and his custodian be represented by separate counsel, and it shall appoint counsel if required by subsection 3 or 4 of this section.

8. When a petition has been filed, a child may waive his or her right to counsel only with the approval of the court and if such waiver is not prohibited under subsection 10 of this section. If a child waives his or her right to counsel for any proceeding except proceedings under subsection 10 of this section, the waiver shall only apply to that proceeding. In any subsequent proceeding, the child shall be informed of his or her right to counsel.

9. Waiver of counsel by a child may be withdrawn at any stage of the proceeding, in which event the court shall appoint counsel for the child if required by subsection 3 of this section.

10. A child's right to be represented by counsel shall not be waived in any of the following proceedings:

(1) At any contested detention hearing under Missouri supreme court rule 127.08 where the petitioner alleges that the child violated any law that, if committed by an adult, would be a felony unless an agreement is otherwise reached;

(2) At a certification hearing under section 211.071 or a dismissal hearing under Missouri supreme court rule 129.04;

(3) At an adjudication hearing under Missouri supreme court rule 128.02 for any felony offense or at any detention hearing arising from a misdemeanor or felony motion to modify or revoke, including the acceptance of an admission;

(4) At a dispositional hearing under Missouri supreme court rule 128.03; or

(5) At a hearing on a motion to modify or revoke supervision under subdivision (2) or (3) of subsection 1 of section 211.031.

--------

(L. 1957 p. 642 § 211.215, A.L. 1989 H.B. 502, et al., A.L. 2017 S.B. 160, A.L. 2021 H.B. 432 merged with S.B. 53 & 60, A.L. 2025 H.B. 737 & 486 merged with S.B. 43)

Notes of Decisions

Cited in 37 cases (3 in the last 5 years), 1972–2025 · leading case: In the Interest of: J.L.H. Juv. Officer v. J.L.H., 488 S.W.3d 689 (Mo. Ct. App. 2016).

Sort: Relevance Newest Treatment

In the Interest of: J.L.H. Juv. Officer v. J.L.H., 488 S.W.3d 689 (Mo. Ct. App. 2016). · cites it 28× “When Gault was decided, however, the Missouri General Assembly had already adopted section 211.211 11 similarly affording juveniles the right to counsel.”

Juv. Officer v. T.R.E., 525 S.W.3d 162 (Mo. Ct. App. 2017). · cites it 10× “Mother argues that the trial court erred in issuing its judgment because Mother was not represented by an attorney at all points in the underlying neglect proceedings pursuant to section 211.211. We find that the court did not plainly err in failing to appoint an attorney to…”

Juv. Officer v. T.H., 41 S.W.3d 607 (Mo. Ct. App. 2001). · cites it 7× “01 and Section 211.211 RSMo 1994 1 , Father had the right to an attorney and that one would be appointed for him if he were indigent.”

In re A_ N_ ex rel. D_ J. J_., 500 S.W.2d 284 (Mo. Ct. App. 1973). · cites it 11× “231, RSMo 1969; (2) the Juvenile Court order of December 1, 1972, committing Petitioner to the State Board of Training Schools at Boonville is void and of no effect because entered without regard to and in violation of Section 211.211 RSMo 1969, which requires a hearing prior to…”

In the Interest of D.J.M., 259 S.W.3d 533 (Mo. 2008). · cites it 10× “waived this right as required by section 211.211. 2 The judgment is reversed.”

In the Interest of M.T. v. Juv. Officer, 431 S.W.3d 539 (Mo. Ct. App. 2014). · cites it 4× “On May 13, 2013, Father filed his notice of appeal in this Court, raising two issues: first, whether Father’s statutory rights to counsel, pursuant to Section 211.211 were violated and thus, he was denied a fair trial, and second, whether there was sufficient evidence the…”

In the Interest of C.F., 340 S.W.3d 296 (Mo. Ct. App. 2011). · cites it 8× “, on the grounds that: (1) under Section 211.211, he was entitled to but did not receive court-appointed counsel at case review, permanency, and post-permanency hearings; and (2) the trial court lacked the clear, cogent, and convincing evidence required to terminate his parental…”

Juv. Officer v. J.S.J., 998 S.W.2d 177 (Mo. Ct. App. 1999). · cites it 4× “01 and § 211.211 for his argument that he was entitled to representation at the hearing.”

In the Interest of D.L.D., 701 S.W.2d 152 (Mo. Ct. App. 1985). · cites it 2× “The Court of Appeals held that § 211.211, RSMo 1969 was mandatory and that “before committment a juvenile must have an opportunity to have and be represented by counsel at a hearing, and a failure to afford this protection not only violated the statute but offended the basic…”

Church v. Missouri, 268 F. Supp. 3d 992 (W.D. Mo. 2017). · cites it 3× “The Missouri Supreme Court also promulgated specialized Rules of Practice and Procedure in Juvenile Courts and Family Court Divisions.”

In Re Dt, 248 S.W.3d 74 (Mo. Ct. App. 2008). · cites it 5× “Section 211.211, RSMo 2000, and Rule 116.”

In the Interest of J.L.C., 844 S.W.2d 123 (Mo. Ct. App. 1992). · cites it 2× “It is also appropriate to direct attention to § 211.211 and to Rule 116.01. Both the statute and rule require a trial court, under certain circumstances in juvenile matters, to appoint counsel for a juvenile’s custodian.”

Show all 37 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.