Dependency proceedings: counsel.

Assembly Member Blanca Rubio's proposed changes to California's dependency proceedings would modify how attorneys represent nonminor dependents in the juvenile court system. The legislation removes two key requirements from current law governing appointed counsel's responsibilities in these cases.

The bill eliminates the mandate that attorneys for nonminor dependents must prioritize their clients' protection, safety, and physical and emotional well-being. It also removes the provision allowing counsel to override a nonminor dependent's expressed wishes when those preferences conflict with the dependent's safety. Under existing law, attorneys must balance these competing interests, while the proposed changes would alter how counsel approaches such conflicts.

These amendments maintain other aspects of dependency representation, including requirements for counsel to investigate cases, interview clients, and participate in court proceedings. The bill preserves provisions regarding attorney-client privilege, access to records, and the process for appointing counsel when parents or guardians cannot afford representation. Courts would continue determining whether children and nonminor dependents require appointed counsel based on individual circumstances.