CaliforniaAB 3732025-2026 Regular SessionHouseWALLET

Dependency proceedings: counsel.

Sponsored By: Blanca Blanca Rubio (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 1 costs, 0 mixed.

Guaranteed lawyers for kids and indigent parents

The court must appoint a lawyer for a child or nonminor dependent who has no lawyer, unless the court finds it would not help and explains why on the record. If you are a parent who cannot afford a lawyer and your child is in, or may be placed in, out‑of‑home care, the court must appoint a lawyer unless you knowingly waive that right. In an Indian child custody case, the court must appoint a lawyer for a parent or Indian custodian who wants one and cannot pay. The court may also appoint a lawyer when you ask and cannot afford one. In third‑class counties, the court uses the public defender for a child and the alternate public defender for a parent first, unless there is a conflict or good cause stated on the record. The court can set how appointed lawyers are paid. A district attorney, public defender, or any licensed lawyer may serve if there is no conflict; a related criminal case alone is not a conflict.

Privacy and records for your child's case

Your child’s talks with their lawyer stay private. The child or the lawyer can assert doctor, therapist, and clergy privileges. If a court finds the child is mature enough to give informed consent (presumed at 12 and older unless clearly proven otherwise), the child must consent before the lawyer asserts those privileges. If the court finds the child is not mature enough, the lawyer holds the privilege. The child’s lawyer must get all relevant health and agency records, and agencies or the guardian ad litem must provide requested information within 30 days for a child in protective custody. The lawyer or their agent may share limited custody and placement timing information with a person being assessed to care for the child.

What your child's lawyer must do

Your child's lawyer must investigate the case, speak with witnesses, and make recommendations about the child's welfare. If the child is age four or older, the lawyer must meet with the child, learn the child's wishes, and tell the court. The lawyer cannot ask for the child's return if that would harm the child. The lawyer stays on the case from detention through all later hearings, including termination and guardianship, unless the court allows a change. For a nonminor dependent, the lawyer represents the young person’s wishes; if the youth cannot direct counsel, the court appoints a guardian ad litem. The law removes the old sentence that named child safety as the lawyer’s “primary” duty, but the court still must act to fully protect the child’s interests. The child's lawyer must also tell the court about other legal needs that may require help in other cases. The lawyer is not a social worker and does not provide nonlegal services.

Lawyers and schools share contacts yearly

When the state posts the list of school liaisons, lawyers for foster children must give each local liaison their contact info at least once a year. A law firm can give a central contact and name who should get messages. A caregiver or the person with education rights can also give the lawyer’s contact to the school. This helps schools reach the lawyer to support the child’s education.

Training standards for children's lawyers

The Judicial Council sets rules for caseloads, training, and guidance for appointed lawyers. Training must include cultural competency and sensitivity for serving LGBTQ youth and include the topics listed in state law. These standards aim to improve the quality of representation.

Limits on parent lawyers in nonminor cases

In cases about nonminor dependents, parents do not get appointed counsel unless they are receiving court‑ordered family reunification services. This rule has been in effect since January 1, 2012.

Sponsors & Cosponsors

Sponsor

  • Blanca Blanca Rubio

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 123 • No: 10

Senate vote 9/3/2025

Item 104 — Senate SFLOOR

Yes: 30 • No: 8

legislature vote 7/7/2025

Vote in CS74

Yes: 4 • No: 1

legislature vote 6/17/2025

Vote in CS53

Yes: 10 • No: 1

House vote 4/7/2025

Item 23 — Assembly AFLOOR

Yes: 64 • No: 0

legislature vote 3/25/2025

Vote in CX11

Yes: 6 • No: 0

legislature vote 3/11/2025

Vote in CX13

Yes: 9 • No: 0

Actions Timeline

  1. Chaptered by Secretary of State - Chapter 146, Statutes of 2025.

    10/1/2025Senate
  2. Approved by the Governor.

    10/1/2025legislature
  3. Enrolled and presented to the Governor at 3 p.m.

    9/9/2025legislature
  4. In Assembly. Ordered to Engrossing and Enrolling.

    9/3/2025House
  5. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 8. Page 2445.).

    9/3/2025Senate
  6. Read second time. Ordered to third reading.

    7/9/2025Senate
  7. From committee: Do pass. (Ayes 4. Noes 1.) (July 7).

    7/8/2025Senate
  8. From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 10. Noes 1.) (June 17). Re-referred to Com. on HUMAN S.

    6/17/2025Senate
  9. Referred to Coms. on JUD. and HUMAN S.

    5/7/2025Senate
  10. In Senate. Read first time. To Com. on RLS. for assignment.

    4/7/2025Senate
  11. Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 0. Page 1031.)

    4/7/2025House
  12. Read second time. Ordered to third reading.

    3/27/2025House
  13. From committee: Do pass. (Ayes 6. Noes 0.) (March 25).

    3/26/2025House
  14. Re-referred to Com. on HUM. S.

    3/12/2025House
  15. From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 9. Noes 0.) (March 11). Re-referred to Com. on HUM. S.

    3/11/2025House
  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

    3/11/2025House
  17. Referred to Coms. on JUD. and HUM. S.

    2/18/2025House
  18. From printer. May be heard in committee March 6.

    2/4/2025House
  19. Read first time. To print.

    2/3/2025House

Bill Text

  • Chaptered

    10/1/2025

  • Enrolled

    9/5/2025

  • Amended Assembly

    3/11/2025

  • Introduced

    2/3/2025

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