Applegate

Kern County Department of Human Services v. Applegate

Good Law
1991 Cal. App. LEXIS 424·229 Cal. App. 3d 1168·280 Cal. Rptr. 562·91 Daily Journal DAR 5183·91 Cal. Daily Op. Serv. 3199
Court of Appeal of CaliforniaMay 1, 1991No. F014131California1,237 words

Opinion

Lead Opinion

Thaxter, J.

*1170 Opinion

We decide here that Welfare and Institutions Code 1 section 903, imposing liability for costs of supporting a minor ordered to out-of-home placement by the juvenile court, does not extend to legal guardians.

Statement of Case

Because this appeal raises a single issue, requiring construction of a statutory provision, we need only give a brief statement of the proceedings below and relevant facts.

The juvenile court, after hearings, found that minors Jason V. and Christina J. were persons described by section 300. The minors’ legal guardians were identified as their maternal aunt, Erline Applegate, and her husband Earl. As part of its dispositional orders, the court directed that the minors remain placed in foster care outside the guardians’ home. Over the Apple-gates’ objection the court ordered that the Applegates reimburse Kern County in the amount of $100 per month per minor as contributions to the minors’ support.

On appeal the Applegates attack only the order for reimbursement for support. The minors filed a separate brief in which they, in essence, join in the Applegates’ arguments.

Discussion

Section 903, subdivision (a) makes “[a] parent of a minor, the…

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