PURPOSE: The purpose of this rule is to establish fees for attorneys and guardians ad litem who provide services in termination of parental rights cases.

1. (1) If permanency for the children requires parental rights be terminated to enable children to be permanently placed or adopted, the children’s parents shall be provided representation in such cases which shall include counsel, investigative, expert and other services to ensure adequate representation. This includes the appointment of a guardian ad litem for the children. Representation shall be provided for financially eligible persons. A person is considered financially eligible when it appears from all of the circumstances of the case including the person’s income, the number of individuals dependent on the person for support, and the person’s financial assets and liabilities, that the person does not have the means available to obtain counsel and is indigent. The determination of indigency may be made at any time by the Division of Family Services. Upon motion by any party, the court in which the case is pending shall have the authority to determine, based on a finding of indigency, whether the Division of Family Services should pay for counsel for a particular parent. If the court finds the parent is not indigent, the Division of Family Services shall discontinue paying for counsel on behalf of such parent. Counsel furnishing representation under the plan shall be selected from a panel of attorneys designated or approved by the court, or from a bar association or other organization of attorneys willing to furnish representation of parents in termination of parental rights cases. A person for whom counsel is appointed shall be represented at every stage of the proceeding, from his or her initial appearance through appeal, including ancillary matters appropriate to the proceedings. In the interest of justice, one counsel may be substituted for another at any stage of the proceedings.

2. (2) Payment for attorney representation shall be made as provided below:

   1. (A) Hourly Rate. Any attorney shall, at the conclusion of the representation (i.e., the conclusion of trial or at the conclusion of any appeal, or both at the conclusion of trial and at the conclusion of appeal), be compensated at a rate not exceeding seventy-five dollars ($75) per hour for time expended in court and fifty dollars ($50) per hour for time reasonably expended out of court. Attorneys may be reimbursed for expenses reasonably incurred, including the costs of transcripts authorized by the court;
   2. (B) Maximum Amounts. The compensation to be paid for representation at trial shall not exceed seven hundred fifty dollars ($750) for uncontested matters and two thousand five hundred dollars ($2,500) for contested matters. For representation in an appellate court, the compensation shall not exceed two thousand five hundred dollars ($2,500) at fifty dollars ($50) per hour;

   3. (C) Cost of Extraordinary Expenses. The cost of extraordinary expenses must be approved in advance by the court. Such extraordinary expenses include:

      1. 1. Psychiatric/psychological/medical

evaluations;

1. 2. Expert witnesses; and
2. 3. Deposition of witnesses;
3. (D) Waiving Maximum Amounts. Payment in excess of any maximum amount provided in subsection (2)(B) may be made for extended or complex representation whenever the court in which the representation was rendered certifies that the amount of the excess payment is necessary to provide fair compensation and the payment is approved by the court;
4. (E) Disclosure of Fees. The amounts paid to particular attorneys or groups of attorneys shall be available as public records. However, the identity of parties, including parents, children, foster parents and anyone whose confidentiality is established in Chapter 210 or 211, RSMo, shall not be publicly available;
5. (F) Filing Claims. A separate claim for compensation and reimbursement shall be made to the Division of Family Services for each case. Each claim shall be supported by a sworn written statement specifying the time expended, services rendered, and expenses incurred while the case was pending before the court, and the compensation and reimbursement applied for or received in the same case from any other source. The Division of Family Services may agree to the claim, may negotiate the claim with the applying attorney, or may deny the claim in which case the attorney shall apply to the court to determine the compensation and reimbursement to be paid to the attorney;
6. (G) New Trials. For purposes of compensation and other payments authorized by this section, an order by a trial or appellate court granting a new trial shall be deemed to initiate a new case;
7. (H) Receipt of Other Payments. Whenever the Division of Family Services or the court finds that funds are available for payment from or on behalf of a person furnished representation, it may authorize or direct that such funds be paid to the appointed attorney.

1. (3) Payment for Guardian Ad Litem. Children involved in termination of parental rights cases are entitled to a guardian ad litem. The fees for the guardian ad litem shall be paid in the maximum amount of two thousand five hundred dollars ($2,500) at fifty dollars ($50) per hour for out of court services and seventy-five dollars ($75) per hour for in court services.

AUTHORITY: section 207.020, RSMo 2000.* Emergency rule filed Feb. 14, 2002, effective Feb. 24, 2002, expired Aug. 22, 2002. Original rule filed Feb. 14, 2002, effective July 30, 2002. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993.