Q.N.

People v. Q.N.

Good Law
150 Cal. Rptr. 3d 169·211 Cal. App. 4th 896
Court of Appeal of CaliforniaNovember 9, 2012No. C064967California3,831 words

Opinion

Lead Opinion

Raye, J.

*898 Opinion

Appellant Sacramento County Office of Education (Office of Education) challenges the Sacramento County Juvenile Court’s order requiring it to initiate and fund the educational placement of Q.N. (the minor). Office of Education argues the court exceeded its authority, the minor failed to exhaust her administrative remedies, and the court denied Office of Education due process under the Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.). We find the juvenile court lacked jurisdiction over Office of Education and shall reverse the court’s order. We remand the matter to the juvenile court to appoint a responsible adult as required by Welfare and Institutions Code section 726.

FACTUAL AND PROCEDURAL BACKGROUND

The Minor

The minor was bom in the summer of 1996, the eldest of four children. Her mother lived on the streets and used drugs for many years. Her father is absent.

Cynthia M. obtained guardianship over the minor at around age three. 1 As the minor got older, she became more difficult to control. Cynthia removed the minor from her home, placing her with other family members.

At age 12, following years of physical abuse and general neglect,…

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