AB 373

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.