Waiver of counsel, 2014
A juvenile may waive his or her right to counsel only with the approval of the court. This waiver can be withdrawn at any stage of the proceeding.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Missouri, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Once a Petition is Filed / Hearing on the Petition; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.
Indigency requirements, 2013
Organized at the state level
Organizer: Missouri State Public Defender
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
In Missouri, indigency law is found in juvenile statutes, juvenile case law, and adult statutes. This law provides a standard for determining indigency. Indigent defense training available for appointed counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if there is a conflict of interest between the juvenile and the parent.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 2015
Missouri relies on ‘Rules Relating to all Juvenile Proceedings’ as the legal authority for juvenile competency determinations. The rule provides that when the matter is raised upon petition or motion, the court may order a physical or mental examination to aid the court with, (among other matters) “the competence to participate in the proceedings”, and “whether the juvenile is in a fit condition to proceed”. A comment of the court rule cross-references a(n adult) penal code chapter of Criminal Proceedings Involving Mental Illness, which aligns more specifically with the Dusky standard, but may not be binding.
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity