Anderson
Anderson v. Superior Court
Opinion
Lead Opinion
Epstein, J.
The trial court adjudicated petitioner, Eloise Anderson, in contempt of court. Petitioner is the Director of the State Department of Social Services (DSS). The conduct upon which the court based its order occurred in Ms. Anderson’s performance of official duties as director. The basis of the adjudication was her disobedience of the court’s order that she cease utilizing the DSS’s manual of policy and procedure (MPP) sections 45-202.311 to 45-202.313 to determine eligibility for federal foster care *1243 payments. We affirmed the underlying trial court order. (Land v. Anderson (1997) 55 Cal.App.4th 69, 84 [ 63 Cal.Rptr.2d 717 ] (Land).) We now intervene to determine whether a later enacted statute, Welfare and Institutions Code section 11402.1, divests petitioner of authority to comply with the trial court’s order and whether petitioner may be adjudicated a contemner for executing that law. (All unlabeled statutory citations are to the Welfare and Institutions Code.)
We conclude that section 11402.1 is a valid law which petitioner is bound to apply, and that, under the circumstances of this case, it prevents her from complying with the underlying order. It follows, and we…