What is the legal test for dismissing a state-instituted paternity action?

We assume plaintiff, as it deems appropriate, will move the court to either dismiss the action without prejudice or to stay the action until the appointment of counsel in a manner consistent with the views expressed in this opinion. Should plaintiff fail to so move, we leave to the discretion of the trial court whether to dismiss the action without prejudice on its own motion. The court in County of Tulare v. Ybarra, supra, 143 Cal.App.3d at 585, 192 Cal.Rptr. 49, concluded that there is no authority for the trial court to dismiss a state-instituted paternity action where the alleged father claims indigency and no public funds are available to pay for appointed counsel. Here, where conflicting constitutional issues clash, dismissal may be compelled.