Section 25 RighttoCounsel

• Library: Juvenile Law 2011

It is suggested that the court next advise the juvenile and the juvenile’s custodian of their right to counsel if they have appeared at the hearing unrepresented. Rule 115.01.a provides that, “A party is entitled to be represented by counsel in all proceedings.” Rule 128.02.a specifically requires that the court determine whether the juvenile and the juvenile’s custodian have been informed of this right.

The only statutory provisions for appointment of counsel for the
juvenile are contained in § 211.211, RSMo 2000. Counsel must be appointed before the filing of a petition if a request is made and the court finds that the child is the subject of a juvenile proceeding and is indigent. Section 211.211.2. After a petition has been...