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DEPT. OF SOCIAL SERVICES v. SUPERIOR COURT

No. D046956.

36 Cal.Rptr.3d 294 (2005)

134 Cal.App.4th 761

SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; Miguel S., a minor, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

December 2, 2005.

Attorney(s) appearing for the Case

John J. Sansone, County Counsel, Susan Strom, Chief Deputy County Counsel, Erica B. Gardner, Deputy County Counsel, for Petitioner.

No appearance for Respondent.

Steven J. Carrol, Public Defender, Dana Feuling, and Paul Richards, Deputy Public Defenders, for Real Party in Interest.

McINTYRE, J.

In this case, where the juvenile court ordered the County of San Diego (the County) to pay $800 out of County funds for independent counsel to investigate the possibility of filing a civil suit against the County on behalf of a dependent child, we conclude that the juvenile court made a prohibited gift of public funds. If independent counsel is required to investigate the possibility of initiating separate...

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