S.P.

County of San Diego v. S.P.

Good Law
146 Cal. Rptr. 3d 659·2012 Cal. App. LEXIS 952·209 Cal. App. 4th 21·2012 WL 3827983
Court of Appeal of CaliforniaSeptember 5, 2012No. D060733California2,714 words

Opinion

Lead Opinion

McIntyre, J.

In a juvenile dependency proceeding, a parent is liable for costs to the county for legal services rendered by an attorney appointed by a juvenile court to represent the parent and the minor in the dependency proceeding. (Welf. & Inst. Code, § 903.1; undesignated statutory references are to this code.) In this case, we conclude the juvenile court improperly considered Supplemental Security Income (SSI) benefits in determining a parent’s ability to pay for such legal services. (§ 903.45, subd. (b) (section 903.45(b)).) Accordingly, we reverse the reimbursement order and remand the matter to the juvenile court for a new hearing.

FACTUAL AND PROCEDURAL BACKGROUND

The County of San Diego Office of Revenue and Recovery (the County) requested that S.P., the parent of the child at issue in this juvenile court dependency proceeding, pay for the cost of legal services incurred by her and the child in this matter. The letter asked that S.P. complete an attached financial statement and return it to the County. The letter also indicated that S.P. had a right to a hearing if arrangements to pay could not be made.

S.P. completed two financial statements for the County. The…

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