People v. Anna A.

Opinion

FRANSON, P. J. Statement of the Case

On August 24, 1988, a Welfare and Institutions Code section 6021 petition was filed charging appellant Anna A.’s son, Jesse V., with taking a vehicle without the owner’s consent, driving under the influence, evading a peace officer and driving without a valid license. On August 28, 1988, Jesse turned 18 years old.

A jurisdictional hearing was held September 2, 1988, before a juvenile court referee. Appellant was advised of and waived her right to separate counsel, and counsel was appointed to jointly represent Jesse and appellant. Jesse admitted three of the six counts charged and was declared to be a person described by section 602.

At the dispositional hearing, the referee found that Jesse’s welfare required he be removed from his parents’ custody. Jesse was adjudged a ward [1622]of the court, granted probation and committed to Camp Erwin Owen for a period not to exceed 16 months. Appellant was ordered to reimburse the county for Jesse’s medical and dental expenses, plus $105 per month support beginning September 20 and for legal services in the amount of $150.

Discussion

Appellant contends she cannot be held liable for Jesse’s support and legal expenses because Jesse was 18 at the time of the dispositional hearing.

Section 903 provides, in part: “A parent of a minor, the estate of a parent, and the estate of the minor, shall be liable for the reasonable costs of support of the minor while the minor is placed, or detained in, or committed to, any institution or other place pursuant to an order of the juvenile court. The liability of these persons and estates shall be a joint and several liability.”

Under this section, a county may seek reimbursement from the parents of a minor child, who is declared a ward of the court pursuant to section 602, for the reasonable costs expended for the support and maintenance of the minor while placed outside the family home. (County of San Mateo v. Dell J. (1988) 46 Cal.3d 1236, 1250 [252 Cal.Rptr. 478, 762 P.2d 1202].) This right to seek reimbursement is based on the parents’ preexisting support obligation. (County of Alameda v. Espinoza (1966) 243 Cal.App.2d 534, 545-548 [52 Cal.Rptr. 480].) In the absence of such a support obligation, enforcement would be precluded by equal protection principles. (County of San Mateo v. Dell J., supra, 46 Cal.3d 1236, 1252.)