San Diego County Department of Social Services v. Martha G.

When Sophia Rachel B. was born on August 13, 1985, her mother Martha G. had been subject to an LPS conservatorship for the better part of seven years suffering from a mental disorder. The county’s public guardian served as Martha’s conservator. Approximately two months after Sophia’s birth, she was made a dependent of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivision (a) and placed with a friend of Martha’s who hoped to adopt her. At that time, Martha was diagnosed as suffering from Bipolar Affective Disorder with “zero prognosis regarding any future hope of being able to care for and manage needs of an infant.”

During the next year and a half, Martha alternated between staying in psychiatric hospitals and board-and-care facilities. Two attempts at independent living proved unsuccessful. In December 1986, the county’s department of social services (DSS) petitioned to have Sophia declared free from her mother’s custody and control pursuant to Civil Code section 232.

A guardian ad litem and an attorney were appointed to represent Martha in the section 232 proceeding. The county counsel represented the DSS. Before the hearing on the…

Concurring—I concur in the majority’s affirmance of the judgment.

With all respect, however, I would suggest that some comment is in order concerning the very serious ethical issues raised by the appellant. As pointed out in the majority opinion, the appellant has not shown in this case that the trial court’s refusal to disqualify county counsel was in any way material to the outcome. But this is an issue that is bound to arise in other cases. If we say nothing about the conflict of interest question, I fear county counsel may be misled into thinking no problem exists.

The following conclusions seem to be fairly supported by the record. 1. At all material times county counsel represented the public conservator, an employee of the department of social services, in his capacity as conservator of the person of Martha G. 2. County counsel acted as attorney for the department of social services in the proceeding brought under Civil Code section 232. 3. At all material times the conservator was under a fiduciary obligation to act in the best interests of Martha G. (See Cal. Conservatorships (Cont.Ed.Bar 2d ed. 1983) § 6.2, p. 283.) 4. Since the conservator and the department of social…