In re Ivan N.
Annotate this CaseIn this case, the juvenile court at the dispositional hearing determined that Ivan N. (the minor), who had admitted to a felony sex offense, should have been placed out of his home for treatment in a community-based organization (CBO), which could include, if necessary, education at a juvenile court school. During further dispositional proceedings, the court denied the minor's motion for an additional hearing to consider whether he could be returned to his high school of origin after he received a short period of such treatment. On appeal, the minor contends the juvenile court erred in denying his motion and he should be entitled to further hearings on his educational preferences (i.e., returning him to his school of origin), as a person who fits the definition of a "foster child" under Education Code section 48853.5, subdivision (a) by remaining "the subject of a petition filed under [section 602]." After review, the Court of Appeal concluded the juvenile court was correct in determining that the Education Code provisions and related California rule of court relied upon by the minor (Cal. Rules of Court, rule 5.651) did not require it to grant a separate hearing on the request. "The procedures created by Education Code section 48853.5, subdivisions (a) through (g) were intended to be primarily directory toward state and local educators and their designated staff educational liaisons who act on behalf of foster children. Education Code section 48853.5, subdivision (h) carves out an exception to those administrative procedures, and prevents interference with the discretion granted to a juvenile court that has made section 602 jurisdictional findings that a minor is a ward of the court, to make related placement orders giving the probation officer the authority to determine the appropriate placement for the ward. Once the true findings on the section 602 petition were made, the procedures of section 727 controlled the minor's dispositional proceedings. Based on the court's placement order under section 727, subdivision (a)(4), the probation officer could exercise authority without regard to the definitions of a "foster child" in Education Code section 48853.5, subdivision (a)." The Court affirmed the order and judgment.
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