In Re Michael D.

J.— Petitioner, a I7-year-old dependent ward of the juvenile court confined in Napa State Hospital upon the application of his guardian, Dorothy Murphy, Division Supervisor of Family and Children Services, City and County of San Francisco, seeks a writ of habeas corpus, contending that he is unlawfully restrained of his liberty.

The record shows that petitioner was adjudged a dependent ward of the juvenile court on April 17, 1964, and that his dependency status continued until August 31, 1976, when, on the verified petition of Dorothy Murphy, the Superior Court of the City and County of San Francisco entered an ex parte order appointing her temporary guardian of the person of petitioner with the powers of a general guardian. On September 2, 1976, Dorothy Murphy, acting pursuant to the powers granted to her by the court, utilized the provisions of section 6000, subdivision (b), of the Welfare and Institutions Code to make application for petitioner’s admission to Napa State Hospital.

On October 7, 1976, the Public Defender for the City and County of San Francisco, acting on behalf of petitioner, objected to the appointment of a general guardian on the grounds that…