People v. I.V. (In re I.V.)
| Citation | 11 Cal.App.5th 249,217 Cal.Rptr.3d 535 |
| Decision Date | 28 April 2017 |
| Docket Number | D070611 |
| Court | California Court of Appeals |
| Parties | IN RE I.V., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. I.V., Defendant and Appellant. |
Daniel Brian Yeager, under appointment by the Court of Appeal, for Defendant and Appellant.
Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina, Alastair J. Agcaoili and Britton B. Lacy, Deputy Attorneys General, for Plaintiff and Respondent.
Minor I.V. appeals a dispositional order adjudging him a ward of the court pursuant to Welfare and Institutions Code 1 section 602 and placing him on formal probation, subject to various terms and conditions. On appeal, I.V. argues that the juvenile court erroneously imposed a probation condition requiring him to enroll in the Reflections Day Center Treatment Program (Reflections) without making necessary findings about his special educational needs under California Rules of Court,2 rule 5.651(b)(2)(D). I.V. also argues that a probation condition allowing warrantless searches of his "person, property, vehicle, and any property under his/her immediate custody or control" is unconstitutionally vague and overbroad because it may encompass searches of his electronic devices and data. We affirm the judgment.3
In May 2016, 15–year–old I.V. became angry with his mother when she would not give him shopping money. He went into his bedroom in his grandfather's home, punched and kicked the walls, and threatened his grandfather when his grandfather tried to intervene. I.V.'s mother called the police, who arrived to find a broken lock on I.V.'s bedroom door, a damaged bed frame, holes in the wall, and damaged furniture.
The San Diego County District Attorney filed a petition pursuant to section 602, alleging that I.V. had committed felony vandalism (Pen. Code, § 594, subd. (a)(b)(1) ). The juvenile court ordered that I.V. be detained outside the home and that he undergo a psychological evaluation.
Psychologist Richard Jordan evaluated I.V. and submitted a report. I.V. informed Dr. Jordan that he had previously been diagnosed with ADHD (attention deficit hyperactivity disorder
) and ODD (oppositional defiant disorder ), but he claimed to no longer experience ADHD symptoms and said that he had not taken medication in two years. I.V. told Dr. Jordan that he had an individualized education program (IEP) at school but did not state the reason. 4
I.V.'s K–BIT25 test results indicated that he had a composite I.Q. in the 7th percentile and was "functioning in the below-average range intellectually, with ... no significant strengths or weaknesses." I.V.'s WRAT–46 scores indicated that he was "performing in the average range, with no significant strengths or weaknesses" and that he did not have a learning disorder. Dr. Jordan concluded that I.V.'s cognition "appeared normal and intact"; his memory was good, and his insight and judgment were fair. He diagnosed I.V. with Disruptive Behavior Disorder
and recommended individual therapy, but he found I.V. to be "stable and symptom-free" and did not recommend a "psychotropic medical evaluation."
At the settlement conference in early June, I.V. asked the court to release him on home supervision. His trial counsel stated that I.V. had to attend an IEP appointment at school, attend individual counseling, and see a psychiatrist to inquire about ADHD medication. The court granted the request and released I.V. on home supervision.
At the adjudication hearing on June 16, 2016, the juvenile court heard testimony from I.V.'s mother, grandfather, and the responding police officer and received in evidence a video recording of the incident. The court determined that the People had not proven beyond a reasonable doubt that the damage exceeded $400 so as to sustain the felony vandalism allegation in the petition. However, the court sustained the petition, finding that I.V. had committed the lesser included offense of misdemeanor vandalism (Pen. Code, § 594, subd. (b)(2)(A) ).
In late June, the probation department submitted a social study evaluating I.V. for the disposition hearing. The social study noted I.V.'s history of damaging property when upset and his mother's tendency to downplay his volatile behavior. The social study indicated that I.V. entered special education during his elementary school years but did not take advantage of available services, and that he had an IEP of an unknown date. I.V.'s mother reported that I.V. had had an IEP in place since elementary school.7 The probation department requested a copy of I.V.'s current IEP, but the high school registrar did not honor the request. I.V.'s high school did send a record of his grades, attendance, and disciplinary actions. I.V. received failing grades in all of his classes in his first semester of high school, and he had a history of truancy. He was suspended for possessing marijuana and was subsequently expelled from his high school. He finished his freshman year at San Diego S.O.A.R. Academy, where he received slightly better grades. I.V.'s mother reported that her son did not drink alcohol, consume illicit substances in the last year, or have any gang affiliations.
Given I.V.'s poor academic performance and history of truancy, the social study recommended that the court order him to participate in Reflections as a condition of probation, suggesting that I.V. would benefit from the structured environment, psychiatric and counseling services, and wraparound services that the program would provide. The probation department attached a copy of Dr. Jordan's psychological evaluation to the social study.
At the disposition hearing on June 30, 2016, the juvenile court adopted the probation department's recommendations, adjudged I.V. a ward of the court pursuant to section 602, and placed him on supervised probation under his mother's care. Among the conditions of probation was a requirement that I.V. participate in the Reflections program (the Reflections condition):
I.V. objected to the Reflections condition, but the court overruled his objection and denied his request to set a contested disposition hearing to assess his special educational needs.8 In addition to the Reflections condition, the juvenile court imposed the following search condition:
On appeal, I.V. challenges the Reflections condition, arguing that the juvenile court failed to make necessary findings under rule 5.651(b)(2) as to his special educational needs. He also challenges the search condition as unconstitutionally vague and overbroad because it could permit warrantless searches of I.V.'s electronic devices and data. We disagree with both contentions and conclude that: (1) the juvenile court sufficiently considered I.V.'s educational needs when it imposed the Reflections condition; (2) I.V. forfeited his overbreadth challenge by failing to object in the juvenile court; and (3) reasonably construed, the search condition does not encompass searches of electronic data and is not unconstitutionally vague.
I.V. contends that the juvenile court failed to comply with rule 5.651(b)(2)(D) when it imposed the Reflections condition. As we explain, we conclude that the court complied with the rule by sufficiently considering I.V.'s educational needs.
Special education law involves an interplay of state and federal statutes. Pertinent here, at the federal level, Congress enacted the Individuals with Disabilities Education Act (IDEA) "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs ...." (20 U.S.C. § 1400(d)(1)(A).) Pursuant to the IDEA, a "child with a disability" is a child who needs "special education and related services" on account of "intellectual disabilities, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance ..., orthopedic impairments, autism
, traumatic brain injury, other health impairments, or specific learning disabilities[.]" (20 U.S.C. § 1401(3)(A) ; see 34 C.F.R. § 300.8(a)(1).)
The IDEA lays out a substantive procedure for developing an individualized education program (IEP) for children with disabilities. (County of San Diego v. California Special Ed. Hearing Office (9th Cir. 1996) 93 F.3d 1458, 1461.) A parent or local educational agency may request an initial evaluation. (20 U.S.C. § 1414(a)(1)(B).) If a child is deemed to be a "child with a disability," an IEP Team consisting of parents, teachers, and local agency representatives then prepare an IEP for the student. (20 U.S.C. § 1414(d)(1)(A)-(B).) The IEP describes how the student's disability affects his or her performance in the general education curriculum, recommends specifically designed instruction and related services "reasonably calculated to enable a child to make progress...
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...People v. Sandee (2017) 15 Cal.App.5th 294 [2015 search of cell phone data permitted by same probation condition as here] with In re I.V. (2017) 11 Cal.App.5th 249 262 ["[r]easonably construed," probation condition requiring minor to submit his "property" and "any property under [his] immed......
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