211.211. Right to counsel--appointed, when--waiver.

MISSOURI STATUTES AND CODES

211.211. Right to counsel--appointed, when--waiver.

Right to counsel--appointed, when--waiver.

211.211. 1. A party is entitled to be represented bycounsel in all proceedings.

2. The court shall appoint counsel for a child prior to thefiling of a petition if a request is made therefor to the courtand the court finds that the child is the subject of a juvenilecourt proceeding and that the child making the request isindigent.

3. When a petition has been filed, the court shall appointcounsel for the child when necessary to assure a full and fairhearing.

4. When a petition has been filed and the child's custodianappears before the court without counsel, the court shall appointcounsel 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 ofcounsel for the custodian.

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

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

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

8. When a petition has been filed, a child may waive hisright to counsel only with the approval of the court.

9. Waiver of counsel by a child may be withdrawn at anystage of the proceeding, in which event the court shall appointcounsel for the child if required by subsection 3 of thissection.