County of Orange v. Carl D

In County of Orange v. Carl D. (1999) 76 Cal.App.4th 429, the County of Orange brought an action against a father seeking reimbursement for public assistance benefits paid on behalf of three children who had been declared dependents of the juvenile court. The mother had abducted the children and concealed them for 11 years. The father searched for them without success. The County of Orange was unable to locate the father for purposes of the dependency proceedings. However, it later tracked him down and garnished his wages to recover benefits paid on the children's behalf. The Court of Appeal for the Fourth Appellate District, Division Three, held the County of Orange was estopped by its own affirmative misconduct from recouping public assistance payments that need never have been made at all. ( Id. at p. 431.) Moreover, the Court of Appeal awarded the father his attorneys' fees on appeal. ( County of Orange v. Carl D., supra, 76 Cal.App.4th at p. 441.)