Dependency proceedings: counsel.

Assembly Member Blanca Rubio's legislation modifies the role of court-appointed counsel for nonminor dependents in California dependency proceedings by removing requirements that attorneys prioritize their clients' safety over their expressed wishes. The measure amends Section 317 of the Welfare and Institutions Code to establish distinct representation standards for minors versus nonminor dependents.

Under the revised provisions, attorneys representing nonminor dependents must advocate for their clients' stated preferences without the previous statutory exception that allowed counsel to override those wishes when they conflicted with safety concerns. The bill maintains existing requirements that attorneys representing minors must advocate primarily for the child's protection, safety, and physical and emotional well-being. Other aspects of dependency representation remain unchanged, including procedures for counsel appointment, qualification standards, and protocols regarding confidentiality and records access.

The amendments create separate frameworks for representing minors versus nonminor dependents in dependency proceedings, while preserving core provisions governing attorney appointments, training requirements, and judicial oversight. The changes apply to representation by district attorneys, public defenders, and other qualified members of the State Bar who serve as appointed counsel in these cases.