San Diego County Department of Social Services v. Superior Court

In this case, where the juvenile court ordered the County of San Diego (the County) to pay $800 out of County funds for independent counsel to investigate the possibility of filing a civil suit against the County on behalf of a dependent child, we conclude that the juvenile court made a prohibited gift of public funds. If independent counsel is required to investigate the possibility of initiating separate adversarial proceedings on behalf of a dependent child, the juvenile court must appoint a guardian ad litem for the minor, who may then seek counsel on a contingency or pro bono basis.

FACTUAL AND PROCEDURAL BACKGROUND

Twelve-year-old Miguel S. was detained at a County group home as a dependent child. He reported to his counsel that he was molested there. In the pending dependency proceedings, dependency counsel requested that the court appoint an attorney to investigate the allegation. After the San Diego Volunteer Lawyer Program declined the case because of a conflict, the juvenile court appointed a private attorney to represent Miguel in a civil action and set a hearing to address attorney fees. Although the juvenile court ultimately vacated this appointment as…