County of Los Angeles v. Smith

I. Introduction

Welfare and Institutions Code section 903 provides in relevant part: “The . . . mother . . . liable for the support of a minor . . . shall be liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to, any institution ... or pursuant to an order of the juvenile court.” In this case, we determine whether the mother of a very disturbed minor who is a ward of the court pursuant to section 602 may be liable for the “reasonable costs of support” (§ 903) when he is placed in a special education facility given the provisions of the Individuals With Disabilities Education Act. ( 20 U.S.C. § 1400 et seq.)

This is an appeal and cross-appeal from a judgment in a proceeding brought under section 11350 by the County of Los Angeles (the county), for a child support order against Joanne Smith for her minor child, Michael F., who is in a foster care placement after he became a ward of the court pursuant to section 602. The judgment denied any request for an order for prospective child support but ordered restitution of benefits paid under the Temporary Assistance to Needy Families program which was formerly…