210.160. Guardian ad litem, how appointed--when--fee--volunteer advocates may be appointed to assist guardian--training program. - Missouri Statutes

Guardian ad litem, how appointed--when--fee--volunteeradvocates may be appointed to assist guardian--trainingprogram.

210.160. 1. In every case involving an abused or neglected childwhich results in a judicial proceeding, the judge shall appoint a guardianad litem to appear for and represent:

(1) A child who is the subject of proceedings pursuant to sections210.110 to 210.165, sections 210.700 to 210.760, sections 211.442 to211.487, RSMo, or sections 453.005 to 453.170, RSMo, or proceedings todetermine custody or visitation rights under sections 452.375 to 452.410,RSMo; or

(2) A parent who is a minor, or who is a mentally ill person orotherwise incompetent, and whose child is the subject of proceedings undersections 210.110 to 210.165, sections 210.700 to 210.760, sections 211.442to 211.487, RSMo, or sections 453.005 to 453.170, RSMo.

2. The guardian ad litem shall be provided with all reports relevantto the case made to or by any agency or person, shall have access to allrecords of such agencies or persons relating to the child or such child'sfamily members or placements of the child, and upon appointment by thecourt to a case, shall be informed of and have the right to attend any andall family support team meetings involving the child. Employees of thedivision, officers of the court, and employees of any agency involved shallfully inform the guardian ad litem of all aspects of the case of which theyhave knowledge or belief.

3. The appointing judge shall require the guardian ad litem tofaithfully discharge such guardian ad litem's duties, and upon failure todo so shall discharge such guardian ad litem and appoint another. Theappointing judge shall have the authority to examine the general andcriminal background of persons appointed as guardians ad litem, includingutilization of the family care safety registry and access line pursuant tosections 210.900 to 210.937*, to ensure the safety and welfare of thechildren such persons are appointed to represent. The judge in makingappointments pursuant to this section shall give preference to persons whoserved as guardian ad litem for the child in the earlier proceeding, unlessthere is a reason on the record for not giving such preference.

4. The guardian ad litem may be awarded a reasonable fee for suchservices to be set by the court. The court, in its discretion, may awardsuch fees as a judgment to be paid by any party to the proceedings or frompublic funds. However, no fees as a judgment shall be taxed against aparty or parties who have not been found to have abused or neglected achild or children. Such an award of guardian fees shall constitute a finaljudgment in favor of the guardian ad litem. Such final judgment shall beenforceable against the parties in accordance with chapter 513, RSMo.

5. The court may designate volunteer advocates, who may or may not beattorneys licensed to practice law, to assist in the performance of theguardian ad litem duties for the court. Nonattorney volunteer advocatesshall not provide legal representation. The court shall have the authorityto examine the general and criminal background of persons designated asvolunteer advocates, including utilization of the family care safetyregistry and access line pursuant to sections 210.900 to 210.937*, toensure the safety and welfare of the children such persons are designatedto represent. The volunteer advocate shall be provided with all reportsrelevant to the case made to or by any agency or person, shall have accessto all records of such agencies or persons relating to the child or suchchild's family members or placements of the child, and upon designation bythe court to a case, shall be informed of and have the right to attend anyand all family support team meetings involving the child. Any suchdesignated person shall receive no compensation from public funds. Thisshall not preclude reimbursement for reasonable expenses.

6. Any person appointed to perform guardian ad litem duties shallhave completed a training program in permanency planning and shall advocatefor timely court hearings whenever possible to attain permanency for achild as expeditiously as possible to reduce the effects that prolongedfoster care may have on a child. A nonattorney volunteer advocate shallhave access to a court appointed attorney guardian ad litem should thecircumstances of the particular case so require.

(L. 1975 H.B. 578 § 11, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1988 H.B. 1272, et al., A.L. 1996 S.B. 869, A.L. 2004 H.B. 1453)

*Section 210.937 was repealed by S.B. 184 in 2003.

(2004) Section authorizes court order requiring Division of Family Services to pay guardian ad litem for dependent child's attorney fees, where no party has been found to have abused or neglected the child. In re L.D.W., 145 S.W.3d 18 (Mo.App.E.D.).