California Court of Appeal

In an action alleging violations of the Americans with Disabilities Act and due process, juvenile court order committing the minor to the Division of Juvenile Justice is affirmed where: 1) the minor's claim that the trial court's decision to commit him to the DJJ violated the ADA because the court based its decision solely upon his disability fails, as there is no authority to support the minor's contention that an ADA claim may be raised in the context of a Welfare and Institutions Code sec. 602 dispositional hearing; and 2) the court did not violate the minor's due process right in committing him to the DJJ as his commitment was based on factors including the court's assessment of the minor's medical treatment needs and which placement was best equipped to meet those needs, and not solely because of the absence of local less restrictive alternatives.

Appellate Information

• Decided 06/12/2009
• Published 06/12/2009

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Lisa M. Romo, under appointment by the Court of Appeal, for Defendant/Appellant, M.S., Edmund G. Brown Jr., Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Jeffrey M. Bryant, Deputy Attorney General, for Plaintiff/Respondent, The People of the State of California.