In Re Gregory K.

Is it constitutionally permissible for a juvenile court to order the parents of a minor child to pay the costs of maintain ing the minor in a county detention facility when the minor was placed in such facility pursuant to a petition for wardship which was subsequently dismissed for lack of sufficient evidence? This precise question, as best we can determine, has never been treated in any of the reported cases.

The California Juvenile Court Law, more specifically Welfare and Institutions Code sections 903 through 908, establishes a procedure by which the juvenile court, after a hearing, may, according to financial ability, order the parent, guardian or other person who is liable for the support of a minor, to reimburse the county for the costs of maintaining a minor in a county institution when the minor has been placed, detained or committed to such institution pursuant to an order of the juvenile court.

The statutes vest the juvenile court with authority to examine into each case to determine financial ability and the amount claimed to be due. Welfare and Institutions Code section 906 limits the amount chargeable to the actual cost of maintenance.

The appropriately…