People v. Ivan N. (In re Ivan N.)

Good Law
202 Cal. Rptr. 3d 338·247 Cal. App. 4th 621
Court of Appeal of CaliforniaMay 20, 2016D068595California4,981 words

Opinion

Lead Opinion

Huffman, J.

*627 This appeal arises out of the juvenile court's dispositional and placement orders under Welfare and Institutions Code sections 602 and 727, adjudicating a minor to be a ward of the court and placing him under the custody and control of a probation officer. 1 We consider the interaction of those delinquency provisions with the language of Education Code section 48853.5 ["Notice of educational rights of foster children ..."], which applies to foster children or other minors subject to juvenile court adjudication, and requires consideration of a preference to continue their attendance at their schools of origin.

In this case, the juvenile court at the dispositional hearing determined that Ivan N. (the minor), who had admitted to a felony sex offense, should be placed out of his home for treatment in a community-based organization (CBO), which could include, if necessary, education at a juvenile court school. (Ed.Code, § 48645.1 [defining juvenile court schools].) 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…

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