HB 1233 -- Court Proceedings Involving Children

Sponsor:  Davis

Currently, a judge is required to appoint a guardian ad litem to
appear for and represent any abused or neglected child who is the
subject of a judicial proceeding.  This bill requires the court
to appoint a guardian ad litem only for a child 12 years of age
or younger in these proceedings and allows appointment of a
guardian ad litem for a child 13 years of age or older in certain
specified proceedings only if it determines and makes specific
findings on the record regarding the necessity for the
representation by a guardian ad litem.

Currently, the court may designate volunteer advocates who may or
may not be attorneys to assist in the performance of the guardian
ad litem duties.  The bill allows the court to appoint a
volunteer advocate only if the court determines and makes
specific findings on the record regarding a necessity for the
designation of a volunteer advocate.

The bill also requires in certain specified court proceedings
involving a child that the best interest of the child standard
includes, but is not limited to, a rebuttable presumption that
the care, custody, and control of the child be awarded to a
parent or relative.  If the court does not make that award, it
must make specific findings on the record detailing the reasons
for denying the care, custody, and control of the child to the
parent or relative.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm