Southard

Petitioners, the Los Angeles County Department of Mental Health and its director, Marvin J. Southard, seek a writ of mandate directing the superior court to set aside its order granting real party in interest’s motion to join petitioners as parties in a dependency case.

I. Factual and Procedural Background

Referee Marilyn Mackel was assigned to hear a dependency matter involving real party in interest, Kristina M. On December 2, 1999, Kristina’s counsel filed a motion before Referee Mackel seeking to join the Los Angeles County Department of Mental Health and its director, Marvin J. Southard (collectively, Department) and the Los Angeles Unified School District as parties in the dependency action.

Kristina contended that joinder was required so that the juvenile court could direct the Department and the school district “to comply with their obligations to provide mental health assessment, treatment services and special education related services to the Minor, including any home and/or community based mental health services that may be needed.” Kristina’s counsel did not claim that either the school district or the Department had failed to provide services. She merely…