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AB 373 advances to Human Services to give foster youth aged 18–21 greater control over counsel—s representation
Summary
AB 373 would require counsel appointed for non‑minor dependents (ages 18–21) in dependency proceedings to represent their expressed wishes rather than substituting the attorney—s judgment; the Judiciary Committee voted to refer the bill to Human Services.
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AB 373, introduced by Assemblymember Rubio, would clarify that court‑appointed counsel for non‑minor dependents—youth ages 18 to 21 who remain in foster care—must advocate the expressed wishes of those clients rather than substitute the attorney—s judgment for the client. The Assembly Judiciary Committee voted to refer the bill to the Human Services Committee.
Supporters said the change reflects the legal adult status of non‑minor dependents in extended foster care and is intended to ensure attorneys meet regularly with clients and represent their stated preferences in court. "Every youth in foster care deserves an attorney who not only knows their rights, but actively ensures their voice is heard and respected," Christopher Hernandez of California Youth Connection told the committee. Anne Quirk of the Children—s Law Center of California said, "This bill is very simple. It requires me as their attorney to respect that and not substitute my judgment for theirs."
Witnesses explained extended foster care is a voluntary program for people ages 18–20 who remain in the dependency system; testimony referenced Welfare and Institutions Code provisions (WIC 303) that clarify participants are adults with retained legal decision-making authority. Committee members asked how conflicting opinions between counsel and the client would be reconciled; witnesses and members stressed judges remain the ultimate decision-makers in dependency proceedings. The committee adopted the bill and referred it to Human Services for further consideration.
