Committee advances bill to require attorneys to follow expressed wishes of nonminor dependents

The Senate Judiciary Committee voted to advance Assembly Bill 373, a measure that would clarify attorneys’ duties in dependency proceedings for nonminor dependents — foster youth aged 18 to 21 — by requiring counsel to advocate for those clients’ expressed wishes rather than substitute the attorney’s judgment.

Assemblymember Rubio, the bill’s author, told the committee the change reflects that nonminor dependents are legal adults and should have the same rights in court as other adults. “This bill is very simple. It requires me as their attorney to respect their wishes and not substitute my judgment for theirs,” Laura Kurtz, staff attorney with the Children’s Law Center of California, testified in support.

Mercedes Parker of California Youth Connection, a youth-led organization, said the bill “shifts the focus from protection to empowerment,” arguing that giving young people a voice in their legal representation supports self-sufficiency and accountability.

Several senators expressed reservations about whether many youth have full decision-making competence at ages 18 to 21. Senator Niello said the change “tilt[s] the scales a bit, on the plaintiff’s side,” and raised concerns about proving a negative and responsibility when safeguarding young people who lack family support. Senator Weber Pearson and other supporters responded that the bill preserves judicial oversight and other supports — social workers and the court remain able to intervene — and that clarifying counsel’s duty merely ensures young adults’ voices are heard.

The committee recorded a roll-call vote advancing the bill to Senate Human Services; the hearing transcript records a final tally as 10 yes, 1 no.