211.462. Appointment of guardian ad litem, when--rights of parent or guardian--county to pay court costs, exceptions.
Appointment of guardian ad litem, when--rights of parent orguardian--county to pay court costs, exceptions.
211.462. 1. In all actions to terminate parental rights, ifnot previously appointed pursuant to section 210.160, RSMo, aguardian ad litem shall be appointed for the child as soon aspracticable after the filing of the petition.
2. The parent or guardian of the person of the child shallbe notified of the right to have counsel, and if they requestcounsel and are financially unable to employ counsel, counselshall be appointed by the court. Notice of this provision shallbe contained in the summons. When the parent is a minor orincompetent the court shall appoint a guardian ad litem torepresent such parent.
3. The guardian ad litem shall, during all stages of theproceedings:
(1) Be the legal representative of the child, and mayexamine, cross-examine, subpoena witnesses and offer testimony.The guardian ad litem may also initiate an appeal of anydisposition that he determines to be adverse to the bestinterests of the child;
(2) Be an advocate for the child during the dispositionalhearing and aid in securing a permanent placement plan for thechild. To ascertain the child's wishes, feelings, attachments,and attitudes, he shall conduct all necessary interviews withpersons, other than the parent, having contact with or knowledgeof the child and, if appropriate, with the child;
(3) Protect the rights, interest and welfare of a minor orincompetent parent by exercising the powers and duties enumeratedin subdivisions (1) and (2) of this subsection.
4. Court costs shall be paid by the county in which theproceeding is instituted, except that the court may require theagency or person having or receiving legal or actual custody topay the costs.
(L. 1978 H.B. 972 § 5, A.L. 1985 H.B. 366, et al.)