Modoc County Department of Social Services v. Joshua S.

Nicole H. appeals from the juvenile court’s order denying her trial counsel’s request for the appointment of a separate guardian ad litem (Welf. & Inst. Code, §§ 317, 326.5) 1 to investigate a potential tort action against the county on her behalf or, in the alternative, authorizing her dependency counsel to obtain independent counsel on a pro bono or contingency basis. 2 Respondent Modoc County Department of Social Services (the Department) has not filed a brief.

We hold that when a dependent minor has a potential tort claim against the county, the juvenile court must appoint a separate guardian ad litem to act on behalf of the minor by overseeing the potential tort action and otherwise protecting the minor’s interests prior to the initiation of civil proceedings. The court must also appoint counsel to serve on a pro bono or contingency basis to investigate the tort action and to initiate and pursue the tort action if, after consultation with the guardian ad litem, counsel deems such action appropriate. The juvenile court may seek out counsel on its own, or the court may order the guardian ad litem to seek and recommend counsel to the court for appointment. The…