Missouri bill designed to bolster family legal defense signed into law

Yahoo

09-07-2025

State Sen. Travis Fitzwater sponsored the provision requiring legal representation for children 14 and older in foster cases (Annelise Hanshaw/Missouri Independent).
Older children in foster care would have their own attorneys and a commission will study how to improve legal representation throughout the foster care system under a bill signed Wednesday by Gov. Mike Kehoe.
The provision Republican state Sen. Travis Fitzwater of Holts Summit added to a sweeping foster care bill makes changes to the model of legal representation for certain foster kids and establishes a commission to look into parental defense.
A similar provision is included in another bill, also signed Wednesday. That bill also extends several tax credits, strengthens the law against hazing on college campuses and adds new protections for young people testifying in criminal cases.
'Today's action on this legislation is about standing up for the most vulnerable Missourians; those who often times cannot advocate for themselves,' Kehoe said in a news release. 'Protecting these individuals is not just a priority, it's a responsibility we all share, and we appreciate the General Assembly for sending this legislation to my desk. We must provide safety, support, and dignity to those who need it most.'
A monthslong investigation by the Independent earlier this year found Missouri's system for providing legal representation to families ensnared in the foster care system is highly decentralized, relying on county-level funding and operating with little state oversight. Some parents go without representation, while those who do get assigned an attorney often find them too overworked and underpaid to provide meaningful advocacy.
The bill would also change the model of legal representation for foster children who are 14 and older, so kids 'have somebody going to bat, that are on their side in the court system,' Fitzwater said earlier this year.
Currently, foster children in Missouri are assigned guardians ad litem, who are attorneys tasked with acting in what they view as the child's best interest. The bill would assign children 14 and older to client-directed attorneys, meaning they would act based on the goals of the children.
The bill also establishes a commission to study parents' and children's legal representation throughout the state, and directs the commission to recommend practice standards and training requirements.
The U.S. Constitution guarantees the right to representation for those facing criminal charges. But there is no such federal right in civil court, where foster care cases unfold. The consequences — family separation — can feel as severe as incarceration.
The outcome can depend on where you live, even within the state, The Independent's investigation found.
In some Missouri counties, more than 80% of foster care cases involving a biological parent list no attorney for the parent, while in other counties, that rate is under 10%. That's according to data produced by the Office of State Courts Administrator — which provides administrative, business and technology support to Missouri courts — in response to a request from The Independent.
State law grants judges in Missouri more discretion than in most other states when deciding whether to appoint counsel for indigent parents. Once appointed, quality and pay vary widely.
A survey of Missouri's 46 judicial circuits by The Independent shows some counties pay parents' attorneys as little as $25 per hearing, and some attorneys carry hundreds of cases at a time. Attorneys told The Independent in some counties parent representation is considered pro bono work because the pay is so low.
There is currently no required specialized training in the state to be a parents' attorney, though there is required training for similar positions, such as guardians ad litem — attorneys tasked with representing foster kids' best interests. There are no state Supreme Court-adopted standards of practice. Parents' attorneys in most counties in the state are solo practitioners who agree to take on some of these cases in addition to the rest of their caseload. They don't always have expertise in this complex area of law.
Just one county was in the process of spending federal funding that has been available for parent representation since 2019, as of earlier this year.
The change to legal representation of older foster children, which would be subject to appropriation, goes into effect in 2028 unless a county opts into a pilot program. The judge in each case would still have the discretion to continue the guardian ad litem appointment.
There are at least 10 states that have adopted client-directed legal representation for all foster children, and 11 other states have adopted it for kids of a certain age, competency or need, according to the National Association of Counsel for Children's campaign Counsel for Kids.
Some lawmakers raised concerns that children would want to go to unsafe homes, such as returning to parents recently released from prison. The bill was changed to offer the judge discretion as to whether to appoint counsel in addition to a guardian ad litem.
Additionally, the American Bar Association's model rules of conduct provide guidance for attorneys in those kinds of situations, and studies have shown the client-directed model for kids to produce better outcomes in terms of time spent in foster care, and chances of reunification.
It would also require the state Department of Social Services to build a program of residential care for youth with severe behavioral challenges currently being held in inappropriate placements, by contracting with qualified service providers. This, too, would likely require funding by the legislature.
Rudi Keller of The Independent staff contributed to this report.
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