Effective - 28 Aug 2014, 2 histories
210.160. Guardian ad litem, how appointed — when — fee — volunteer advocates may be appointed to assist guardian — training program. — 1. In every case involving an abused or neglected child which results in a judicial proceeding, the judge shall appoint a guardian ad litem to appear for and represent:
(1) A child who is the subject of proceedings pursuant to sections 210.110 to 210.165 except proceedings under subsection 6 of section 210.152, sections 210.700* to 210.760, sections 211.442 to 211.487, or sections 453.005 to 453.170, or proceedings to determine custody or visitation rights under sections 452.375 to 452.410; or
(2) A parent who is a minor, or who is a mentally ill person or otherwise incompetent, and whose child is the subject of proceedings under sections 210.110 to 210.165, sections 210.700* to 210.760, sections 211.442 to 211.487, or sections 453.005 to 453.170.
2. The judge, either sua sponte or upon motion of a party, may appoint a guardian ad litem to appear for and represent an abused or neglected child involved in proceedings arising under subsection 6 of section 210.152.
3. The guardian ad litem shall be provided with all reports relevant to the case made to or by any agency or person, shall have access to all records of such agencies or persons relating to the child or such child's family members or placements of the child, and upon appointment by the court to a case, shall be informed of and have the right to attend any and all family support team meetings involving the child. Employees of the division, officers of the court, and employees of any agency involved shall fully inform the guardian ad litem of all aspects of the case of which they have knowledge or belief.
4. The appointing judge shall require the guardian ad litem to faithfully discharge such guardian ad litem's duties, and upon failure to do so shall discharge such guardian ad litem and appoint another. The appointing judge shall have the authority to examine the general and criminal background of persons appointed as guardians ad litem, including utilization of the family care safety registry and access line pursuant to sections 210.900 to 210.937**, to ensure the safety and welfare of the children such persons are appointed to represent. The judge in making appointments pursuant to this section shall give preference to persons who served as guardian ad litem for the child in the earlier proceeding, unless there is a reason on the record for not giving such preference.
5. The guardian ad litem may be awarded a reasonable fee for such services to be set by the court. The court, in its discretion, may award such fees as a judgment to be paid by any party to the proceedings or from public funds. However, no fees as a judgment shall be taxed against a party or parties who have not been found to have abused or neglected a child or children. Such an award of guardian fees shall constitute a final judgment in favor of the guardian ad litem. Such final judgment shall be enforceable against the parties in accordance with chapter 513.
6. The court may designate volunteer advocates, who may or may not be attorneys licensed to practice law, to assist in the performance of the guardian ad litem duties for the court. Nonattorney volunteer advocates shall not provide legal representation. The court shall have the authority to examine the general and criminal background of persons designated as volunteer advocates, including utilization of the family care safety registry and access line pursuant to sections 210.900 to 210.937**, to ensure the safety and welfare of the children such persons are designated to represent. The volunteer advocate shall be provided with all reports relevant to the case made to or by any agency or person, shall have access to all records of such agencies or persons relating to the child or such child's family members or placements of the child, and upon designation by the court to a case, shall be informed of and have the right to attend any and all family support team meetings involving the child. Any such designated person shall receive no compensation from public funds. This shall not preclude reimbursement for reasonable expenses.
7. Any person appointed to perform guardian ad litem duties shall have completed a training program in permanency planning and shall advocate for timely court hearings whenever possible to attain permanency for a child as expeditiously as possible to reduce the effects that prolonged foster care may have on a child. A nonattorney volunteer advocate shall have access to a court appointed attorney guardian ad litem should the circumstances 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, A.L. 2014 H.B. 1092 merged with S.B. 869)
*Section 210.700 was repealed by S.B. 84, 2007
**Section 210.937 was repealed by S.B. 184, 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.).
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 210 - Child Protection and Reformation
Section 210.004 - Law enforcement agencies, record of custody of child.
Section 210.027 - Direct payment recipients, child care providers — department's duties.
Section 210.030 - Blood tests of pregnant women.
Section 210.040 - Blood test results — confidential.
Section 210.050 - Reporting required.
Section 210.060 - Noncompliance a misdemeanor — penalty.
Section 210.070 - Prophylactic eye drops at birth — objection to, when.
Section 210.080 - Report of infant eye inflammation, by whom.
Section 210.100 - Violation a misdemeanor.
Section 210.108 - Dominic James Memorial Foster Care Reform Act, statutes involved.
Section 210.110 - Definitions.
Section 210.113 - Accreditation goal, when to be achieved.
Section 210.114 - Qualified immunity for private contractor, when — exceptions.
Section 210.116 - Sharing of information with child welfare agencies and law enforcement, when.
Section 210.117 - Child not reunited with parents or placed in a home, when.
Section 210.120 - Medical institution staff members, duties of.
Section 210.127 - Diligent search for biological parents required, when.
Section 210.130 - Oral reports, when and where made — contents of reports.
Section 210.135 - Immunity from liability, when — exception — preliminary evaluation required, when.
Section 210.140 - Privileged communication not recognized, exception.
Section 210.150 - Confidentiality of reports and records, exceptions — violations, penalty.
Section 210.165 - Penalty for violation.
Section 210.166 - Medical neglect of child, who may bring action — procedure.
Section 210.171 - Definitions.
Section 210.172 - Powers and duties of board.
Section 210.180 - Division employees to be trained.
Section 210.183 - Alleged perpetrator to be provided written description of investigation process.
Section 210.188 - Report to general assembly and governor, contents.
Section 210.194 - Rules, guidelines and protocols — confidentiality requirements.
Section 210.201 - Definitions.
Section 210.203 - Complaints against child care facilities, open records to be kept by department.
Section 210.231 - Department of elementary and secondary education may delegate powers.
Section 210.241 - Judicial review.
Section 210.256 - Violations, penalties — injunction, procedure.
Section 210.257 - Rules, procedure to adopt.
Section 210.278 - Exempt from licensure, when.
Section 210.481 - Definitions.
Section 210.484 - Residential care facilities license required.
Section 210.496 - Refusal to issue, suspension or revocation of licenses — grounds.
Section 210.501 - Application for licensure, form, contents.
Section 210.506 - Rules, procedure — promulgation, persons to be consulted.
Section 210.516 - Exceptions to license requirement — division may not require documentation.
Section 210.521 - Assistance for division in licensure of foster homes.
Section 210.531 - Violations or false statements, penalty.
Section 210.537 - County foster parent associations may be established, duties of division.
Section 210.539 - State health insurance, foster parents may purchase, when.
Section 210.543 - Specialized foster parents, training, fiscal incentives.
Section 210.545 - Respite care facilities for foster families — rules and regulations — procedure.
Section 210.564 - Citation of law — foster care bill of rights.
Section 210.566 - Foster parents' bill of rights.
Section 210.570 - Text of compact.
Section 210.580 - Compact binding, when.
Section 210.590 - Courts and agencies to cooperate to promote purposes of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.630 - Definitions — governor's appointment of administrator authorized.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.650 - Contingent effective date.
Section 210.652 - Electronic exchanging of data and documents.
Section 210.680 - Rulemaking authority.
Section 210.761 - Right to testify at foster care hearings, qualifications, limitation.
Section 210.762 - Family support team meetings to be held, when — who may attend — form to be used.
Section 210.764 - Certain case records available for review by parents or guardians.
Section 210.790 - Foster parent standing for court proceedings.
Section 210.817 - Definitions.
Section 210.818 - Relationship not dependent on marriage.
Section 210.819 - Parent and child relationship, how established.
Section 210.822 - Presumption of paternity — rebuttal of presumption, standard of proof.
Section 210.828 - Statute of limitations, exception — notification form required, when.
Section 210.829 - Jurisdiction, venue, severance — effect of failure to join action for necessaries.
Section 210.830 - Parties — guardian ad litem, when appointed.
Section 210.834 - Blood tests — expert defined.
Section 210.836 - Evidence relating to paternity.
Section 210.838 - Pretrial recommendation — actions, effect of party's refusal to accept.
Section 210.841 - Judgment or order, contents — amount of support, presumption.
Section 210.844 - Applicability of certain statutes.
Section 210.845 - Modification of decree, when — procedure, burden.
Section 210.846 - Hearings and records, confidentiality — inspection allowed, when.
Section 210.848 - Action to declare mother and child relationship.
Section 210.849 - Birth records.
Section 210.850 - Uniformity of application and construction.
Section 210.851 - Citation of law.
Section 210.852 - Application to actions commenced prior to effective date.
Section 210.853 - Parenting plan in paternity actions.
Section 210.875 - Children's services commission study, purpose.
Section 210.877 - Courts and agencies to provide information.
Section 210.900 - Definitions.
Section 210.903 - Family care safety registry and access line established, contents.
Section 210.912 - Right to appeal, procedure.
Section 210.915 - Departmental collaboration on registry information — rulemaking authority.
Section 210.918 - Toll-free telephone service maintained for access to information.
Section 210.922 - Use of registry information by certain departments, when.
Section 210.924 - Rulemaking authority.
Section 210.927 - Annual report, when, contents.
Section 210.936 - Registry information deemed public record.
Section 210.1030 - Task force created, members, duties — termination date.
Section 210.1210 - Policy recommendations.
Section 210.1250 - Citation of law.
Section 210.1253 - Definitions.
Section 210.1259 - Director of facility to provide notice — facility registration — inapplicability.
Section 210.1262 - Notification, filing, contents.
Section 210.1263 - Background checks required, when.
Section 210.1265 - Fire, safety, health, and sanitation inspections, facility to comply.
Section 210.1268 - Operation without proper notification, court injunction, when.
Section 210.1280 - Facility compliance list to be maintained, contents.
Section 210.1283 - Failure to complete a background check, penalty.