In Re Nicholas B.

WENNER, Judge. This is an appeal from a judgment of the District Court for Montgomery County, sitting as a Juvenile Court, directing ³⁹⁹ that Nicholas B., a minor, who had been adjudicated a delinquent child, be committed to the Department of Juvenile Services (DJS) for placement at the Regional Institute for Children and Adolescents-Rockville (RICA), and that appellant, the Board of Education of Montgomery County (County Board), provide Nicholas B. with educational services while residing at RICA Rockville. On appeal, appellant presents us with the following question: DOES A JUVENILE COURT HAVE THE AUTHORITY UNDER § 3-820 OF THE JUVENILE CAUSES ACT AND THE SEPARATION OF POWERS DOCTRINE TO ORDER THAT A COUNTY BOARD OF EDUCATION, A NONPARTY, PROVIDE EDUCATIONAL SERVICES TO A JUVENILE? For the following reasons, we shall answer “no,” vacate the judgment, and remand the case to the juvenile court for further proceedings consistent with this opinion. 1 Background Nicholas B. is a thirteen year old child who has had considerable contact with the juvenile justice system.

On 19 April 2000, Nicholas B. was adjudicated a delinquent child, and committed to the care and custody of the DJS for placement at RICA Rockville. 2 On 8 May 2000, the juvenile court conducted a disposition hearing. After hearing argument of counsel, Nicholas B. was ordered placed at RICA Rockville. In addition, the juvenile court said: ⁴⁰⁰ Got it. I got the answer here.

I’m not going to change his IEP. They’re going to change his IEP, because, what I am going to order MCPS to do is, I’m going to order MCPS to provide education services to him, at RICA residential. If they don’t want to do it with an IEP, they can send a lovely teacher over there, every day, all day, and give him eight periods of class. And, so that would mean that if they choose not to do an IEP, that they’re going to give him one on one schooling at RICA residential.

I’m not going to write his IEP. But, I am going to order that he be given educational services at RICA, because of all the other problems that he has had, the chance that he will be unduly badly influenced in a, in a regular county school system. Thus, by an order of 8 May, the County Board was directed to provide Nicholas B. with educational services while residing at RICA Rockville. This appeal followed.

Discussion Appellant contends the juvenile court lacked authority, under either § 3-820 of the Juvenile Causes Act or the Separation of Powers Doctrine, to order the County Board to provide Nicholas B. with educational services while residing at RICA Rockville. We agree. The purposes of the Juvenile Causes Act are described in pertinent part, in § 3-820 as follows: (c) The priorities in making a disposition are consistent with the purposes specified in § 3-802 of this subtitle. (d) (1) In making a disposition on a petition, the court may: (i) Place the child on probation or under supervision in his own home or in the custody or under the guardianship of a relative or other fit person, upon terms the court deems appropriate; (ii) Subject to the provisions of paragraph (2) of this subsection, commit the child to the custody or under the guardianship of the Department of Juvenile Justice, a local department of social services, the Department of Mental Health and Hygiene, or a public or licensed ⁴⁰¹ private agency on terms that the court considers appropriate to meet the priorities set forth in § 3-802 of this subtitle, including designation of the type of