Dependency proceedings: counsel.

Plain English Breakdown

The official source material does not provide information on whether or how the law affects representation for younger children.

Dependency Proceedings: Legal Help for Older Dependents

This law changes how lawyers represent older dependents in court cases about their care by removing certain responsibilities and exceptions.

What This Bill Does

• Removes the requirement that a lawyer's main job is to protect an older dependent’s safety, health, and well-being.
• Eliminates the exception where a lawyer does not have to follow what an older dependent wants if it conflicts with their protection or safety.

Who It Names or Affects

• Older dependents (people who are still under the care of child welfare services but are over a certain age).
• Lawyers appointed to help older dependents in court cases about their care.
• Juvenile courts that handle these cases.

Terms To Know

Nonminor dependent

A person who is still under the care of child welfare services but is over a certain age, usually 18 or older.

Dependency proceedings

Court cases about the care and protection of children who are not being cared for by their parents or guardians.

Limits and Unknowns

• The law does not specify what happens if an older dependent's wishes put them in danger.
• It is unclear how this change will affect the overall well-being of older dependents involved in these cases.

Official Summary Text

AB 373, Blanca Rubio.
Dependency proceedings: counsel.
Existing law requires the juvenile court to appoint counsel for a child or nonminor dependent in dependency proceedings if they are not represented by counsel, unless the court determines that there would be no benefit from the appointment of counsel. Existing law authorizes counsel to be a district attorney, public defender, or other member of the State Bar, who satisfies certain conditions. Existing law specifies that a primary responsibility of counsel appointed to represent a child or nonminor dependent is to advocate for the protection, safety, and physical and emotional well-being of the child or nonminor dependent.
Under existing law, counsel in general is charged with representation of the child’s best interests. Existing law requires, when counsel is appointed for a nonminor dependent, counsel to represent the wishes of the nonminor dependent except when advocating for those wishes conflicts with the protection or safety of the nonminor dependent.
This bill would remove the requirement that a primary responsibility of appointed counsel is to advocate for the protection, safety, and physical and emotional well-being of a nonminor dependent. The bill would also remove the above-described exception to representing the wishes of the nonminor dependent when those wishes conflict with the protection or safety of the nonminor dependent.

Current Bill Text

Download Bill PDF