Pezok
County of Marin v. Pezok
Opinion
Lead Opinion
Newsom, J.
The County of Marin (hereafter appellant or the County) filed an action seeking from respondents, parents of a minor child declared a ward of the juvenile court (Welf. & Inst. Code, § 602) and committed to a group home, current child support and reimbursement of aid to families of dependent children (AFDC) funds used to support the minor child. (Welf. & Inst. Code, § 11350.) Respondents stipulated to payment of $150 per month for current support of their child and reimbursement in the amount *1443 of $600 to appellant for AFDC funds previously expended. Judgment was entered in accordance with the stipulation.
An order to show cause and declaration for contempt was subsequently issued asserting that respondents were in arrears in the amount of $2,035, and seeking an assignment of wages (Civ. Code., § 4701). After a hearing on the order to show cause, the trial court determined that appellant was constitutionally precluded from obtaining support or reimbursement from respondents pursuant to Welfare and Institutions Code section 11350. 1 The order to show cause was discharged and the complaint was dismissed. The County has appealed.