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Assembly committee advances bill to require counsel to follow wishes of foster youth ages 18–20
Summary
The Assembly Committee on Human Services voted to pass AB 373 to clarify that appointed counsel should represent the expressed wishes of nonminor dependents (ages 18–20) in dependency proceedings rather than substitute the attorney’s judgment.
The California State Assembly Committee on Human Services voted to pass AB 373, sponsored by Assemblymember Ronca Rubio, to require appointed counsel in dependency proceedings to advocate for the expressed wishes of nonminor dependents (18–20) and to advance the bill to the Assembly Appropriations Committee.
AB 373 seeks to align court practice with the legal status of nonminor dependents by clarifying that appointed counsel must respect the decisions made by those young adults. Assemblymember Ronca Rubio said current law allows counsel to “substitute their judgment and act according to what is perceived to be in the nonminor dependent’s best interest,” and the bill would ensure counsel “represent the expressed wishes of the nonminor dependent.”
Supporters told the committee that the change is aimed at empowering young adults who were formerly in foster care. Caitlin Ratigan, statewide policy coordinator for California Youth Connection, said of the system she experienced, “Protection without empowerment can actually be harmful,” and urged lawmakers to grant foster youth autonomy as they transition to adulthood. Anne Quirk, a policy attorney with the Children’s Law Center of California, described the court-appointed attorney’s current ability to substitute judgment and said AB 373 would require counsel to “respect that and not substitute my judgment for theirs.” Quirk also referenced Welfare and Institutions Code section 303 (WIC 303) regarding retained legal decisionmaking rights for participants in extended foster care.
Committee members signaled support during discussion. Vice Chair Castillo, who has professional experience working with foster youth, said young adults “should have the ability to make decisions for yourself and not someone telling you” once they are 18.
The committee record shows the motion to pass AB 373 to the Assembly Appropriations Committee was carried. The committee roll call included six recorded ayes: Lee, Castillo, Calderon, El Hawari, Jackson and Rodriguez, yielding a 6–0 recorded tally at the roll call block cited below.
The bill’s author and supporters asked the committee for an “A” (aye) vote to move the measure forward. The committee chair indicated the bill would be scheduled for a formal vote when quorum was reached and the motion ultimately carried.
