Kern County Department of Human Services v. Applegate

[1170]Opinion

THAXTER, J. We decide here that Welfare and Institutions Code1 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 estate of a parent, and the estate of the minor, . . . 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.”

This appeal centers on the meaning of the term “parent” in section 903. The Applegates and minors contend that “parent” means mother or father and does not include legal guardians. They further contend the order requiring the Applegates to reimburse the county is without statutory basis. Respondent Kern County Department of Human Services argues that “parent,” as used in section 903, includes legal guardians, and the reimbursement order is therefore valid.

[1171]