In re Nicole S.Annotate this Case
Nicole, age 13 became a dependent of the juvenile court. Nicole suffered from emotional and behavioral problems and later became “[a] dependent minor who turns 18 years of age” with a permanent plan of long-term foster care, continuing under the juvenile court’s jurisdiction because she agreed that she would continue her education. The designation continued despite her noncompliance, a pregnancy, and living in an unapproved home with a boyfriend who had a history of selling illegal drugs and committing domestic violence. When Nicole turned 20, the Agency recommended that the court dismiss Nicole’s dependency, citing failure to participate in services. In a special writ proceeding, the court of appeal directed the juvenile court to vacate its order requiring Nicole’s therapist to testify about confidential communications relating to whether Nicole has a qualifying mental condition. The juvenile court later terminated its dependency jurisdiction because she had reached the age of 21. The court dismissed Nicole’s case. In her dependency case, Nicole sought an award of attorney’s fees under Code of Civil Procedure section 1021.5, which codifies the private attorney general doctrine exception. The court of appeal affirmed the denial of the motion; section 1021.5 fees are not recoverable in a dependency proceeding.