211.462. Appointment of guardian ad litem or child's counsel, when — rights of parent, guardian, or counsel — county to pay court costs, exceptions. — 1. In all actions to terminate parental rights, if not previously appointed pursuant to section 210.160, a guardian ad litem or child's counsel shall be appointed for the child as soon as practicable after the filing of the petition.
2. The parent or guardian of the person of the child shall be notified of the right to have counsel, and if they request counsel and are financially unable to employ counsel, counsel shall be appointed by the court. Notice of this provision shall be contained in the summons. When the parent is a minor or incompetent the court shall appoint a guardian ad litem to represent such parent.
3. The guardian ad litem or child's counsel shall, during all stages of the proceedings:
(1) Be the legal representative of the child, and may examine, cross-examine, subpoena witnesses and offer testimony. The guardian ad litem or child's counsel may also initiate an appeal of any disposition that he determines to be adverse to the best interests of the child;
(2) Be an advocate for the child during the dispositional hearing and aid in securing a permanent placement plan for the child. To ascertain the child's wishes, feelings, attachments, and attitudes, he shall conduct all necessary interviews with persons, other than the parent, having contact with or knowledge of the child and, if appropriate, with the child;
(3) Protect the rights, interest and welfare of a minor or incompetent parent by exercising the powers and duties enumerated in subdivisions (1) and (2) of this subsection.
4. Court costs shall be paid by the county in which the proceeding is instituted, except that the court may require the agency or person having or receiving legal or actual custody to pay the costs.
Notes of Decisions
In the Interest of L. R. R. v. Christian Fam. Servs., Inc., 620 S.W.2d 14 (Mo. Ct. App. 1981).
· cites it 32× “and her mother, and an attorney for the natural father according to the dictate of § 211.462, RSMo. 1978. The trial court terminated the parental rights of the minor mother and indigent father on April 3, 1980, and ordered that legal custody of L.”
In Interest of B----M----P, 704 S.W.2d 237 (Mo. Ct. App. 1986).
· cites it 16× “" Section 211.462, RSMo 1978, which was in effect during all stages of these proceedings in the trial court, provided, in pertinent part: "1.”
Jackson Cnty. v. N.V., 775 S.W.2d 262 (Mo. Ct. App. 1989).
· cites it 13× “The appeal by the county raises the question of whether § 211.462, RSMo 1986, authorizes the court to impose the expense of attorney fees on the county.”
Taylor v. Taylor, 47 S.W.3d 377 (Mo. Ct. App. 2001).
· cites it 3× “1996 and § 211.462, RSMo, 1994. Gary first contends that the court did not comply with the procedure to terminate parental rights with the consent of a parent set forth in § 211.”
In the Interest of B.L.E. v. Elmore, 723 S.W.2d 917 (Mo. Ct. App. 1987).
· cites it 6× “Contrary to the statutory mandate, the summons did not contain notice of the mother’s right to appointed counsel under § 211.462. An amended petition, containing the first allegations of sexual abuse by the daughter’s father and the knowledge of that abuse by the mother, was…”
In re the Interest of K.P.B., 642 S.W.2d 643 (Mo. 1982).
· cites it 6× “On appeal, the natural mother contends that the sovereign was liable for payment of the attorney fees by reason of the inherent authority of the trial court to assess such fees against the state and by reason of the authority of § 211.462, RSMo 1978. Neither of the natural…”
In the Interest of A.M.G. v. Missouri Div. of Fam. Servs., 660 S.W.2d 370 (Mo. Ct. App. 1983).
· cites it 4× “Appellant division of family services contends it was improper “because there is no statutory authority for making such an award against the state in that Section 211.462, RSMo provides for attorneys fees to be awarded against the agency or person having or receiving custody of…”
In the Interest of J.S.W., 295 S.W.3d 877 (Mo. Ct. App. 2009).
· cites it 6× “In her first point on appeal, Mother argues that the trial court erred in terminating her parental rights because the court failed to appoint counsel for Mother in violation of section 211.462. We agree. Section 211.462.”
In Interest of BLG, 731 S.W.2d 492 (Mo. Ct. App. 1987).
· cites it 5× “Section 211.462 reads, in pertinent part: "1.”
In the Interest of F.M., 979 S.W.2d 944 (Mo. Ct. App. 1998).
· cites it 2× “” Relative to an action brought to terminate parental rights, Section 211.462 provides, in pertinent part, the following: The parent or guardian of the person of the child shall be notified of the right to have counsel, and if they request counsel and are financially unable to…”
J.G.W. v. Greene Cnty. Juv. Off., 545 S.W.3d 928 (Mo. Ct. App. 2018).
· cites it 4× “Mother's first point contends the trial court erred in terminating her parental rights because there is no proof in the record that she was notified of her right to counsel, as required by § 211.462. 1 Because this point has merit, we reverse the judgment as to Mother and remand…”
Mo. Rev. Stat. § 211.462(4): 1 case
In the Interest of L. R. R. v. Christian Fam. Servs., Inc., 620 S.W.2d 14 (Mo. Ct. App. 1981).
“and her mother, and an attorney for the natural father according to the dictate of § 211.462, RSMo. 1978. The trial court terminated the parental rights of the minor mother and indigent father on April 3, 1980, and ordered that legal custody of L.”
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