453.025. Appointment of guardian ad litem, when--fee--duties of guardian ad litem. - Missouri Statutes

Appointment of guardian ad litem, when--fee--duties of guardianad litem.

453.025. 1. The court shall, in all cases where the person sought tobe adopted is under eighteen years of age, appoint a guardian ad litem, ifnot previously appointed pursuant to section 210.160, RSMo, to representthe person sought to be adopted.

2. When the parent is a minor or incompetent, the court shall appointa guardian ad litem to represent such parent.

3. 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. 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.

4. The guardian ad litem shall:

(1) Be the legal advocate for the best interest of the party he isappointed to represent with the power and authority to cross-examine,subpoena witnesses, and offer testimony;

(2) Initiate an appeal of any disposition that he determines to beadverse to the interests of the party he represents; and

(3) Ascertain the child's wishes, feelings and attitudes regardingthe adoption by interviewing persons with knowledge of the child, and ifappropriate, to meet with the child.

(L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)