Opinion
NOT TO BE PUBLISHED
Super. Ct. No. JV120228
BLEASE, Acting P. J.
Following a contested jurisdictional hearing in which D. F., a minor, was found to have committed attempted burglary, the juvenile court continued him as a ward and committed him to the Warren E. Thornton Youth Center.
The minor contends on appeal that the juvenile court’s finding that he had no special educational needs is not supported by substantial evidence. Therefore, he concludes, remand for a new evaluation is required. We disagree.
DISCUSSION
Rule 5.790(f)(5) of the California Rules of Court, sets forth the duty of the juvenile court in making educational wardship orders: “The court must consider whether it is necessary to limit the right of the parent or guardian to make educational decisions for the child. If the court limits this right it must follow the procedures stated in rule 5.650.”
At the dispositional hearing the minor was 15 years old and the following colloquy occurred:
“THE COURT: . . . . I’m a little tiny bit disappointed from what I hear about your school attendance. It sounds like you’re not going all the time and therefore you have some failing grades. You have some good grades and some failing grades.
“What kind of classes are you doing well in and what kind of classes are you doing poorly in?
“THE MINOR: Like, I do good in PE and math and like probably English. But all the other classes I don’t do well in because I don’t understand.
The minor’s class that he informed the court he was doing well in was algebra.
“THE COURT: So do you skip those classes? What do you do?
“THE MINOR: No.
“THE COURT: They say your attendance is only fair. Are you missing days? For what reason?
“THE MINOR: Because I’m either in here or like doctors appointment or something.
“THE COURT: Do you have an illness? Do you have some type of illness?
“THE MINOR: No. ADHD. But that’s not an illness.
“THE COURT: You don’t go to the doctor for that. What do you go to the doctor for?
“THE MINOR: Being sick or something.
“THE COURT: Colds and things like that; flu. Well, if there are classes that you have a hard time in and everybody does. Some classes come easy and some don’t come so easy. Then you need to ask for more help. You need to go to the teacher during recess and after school and ask for more help. That’s their job.
Most of the time people get failing grades because they don’t do the work. They don’t do the homework. They don’t attend class. That’s almost the only reason you get an actual F. Are you attending classes?
“THE MINOR: Yes.
“THE COURT: Sounds like you’re missing some though. . . .”
The court then found that “[a]n Individual Education Program has not been established, therefore the Court finds the minor is not an individual with exceptional needs.” In arguing that there is no substantial evidence to support the court’s finding that he does not have exceptional educational needs, the minor relies on statements from probation reports prepared in June 2005, when the minor was 12 years old. These statements were that the minor had an active IEP dated January 2005 and that he had been diagnosed with ADHD for which he had been taking Ritalin. He claims that these factors, coupled with his statement to the juvenile court at the instant disposition hearing that he had ADHD, were essentially ignored by the court when it made its finding.
The argument is not persuasive. As the minor acknowledges, the ADHD and IEP were not addressed in other reports to the court or in the present report. What the minor ignores is that immediately prior to rendering its decision the juvenile court engaged in a detailed conversation with the minor, which takes up 15 pages of the reporter’s transcript, regarding his circumstances. Nothing in that discussion suggests that the minor had any difficulty understanding or articulating his position. What the court did correctly discern was that the minor’s problems were related not to any physical or mental impairment, but rather to his lack of attendance and effort.
Consequently, the record substantially supports the court’s finding that the minor did not have any special educational needs.
DISPOSITION
The juvenile court’s orders continuing his wardship and finding that he had no special educational needs are affirmed.
We concur: HULL , J., BUTZ , J.