In Interest of A.G

Full title: In the Interest of A.G., A Child. James TWOMEY, Petitioner and Appellee…

Court: Supreme Court of North Dakota

Date published: Mar 19, 1986

383 N.W.2d 53 (N.D. 1986)

Opinion

Civ. No. 11002.

March 19, 1986.

Appeal from the Juvenile Court of Cass County, East Central Judicial District; Lawrence A. Leclerc, Judge.

James Twomey, [argued] Asst. States Atty., Fargo, for petitioner and appellee.

C. Charles Chinquist, [argued], guardian ad litem for A.G., Fargo, for respondents and appellants.

PER CURIAM.

The trial court determined that A.G. was an "unruly child" under N.D.C.C. § 27-20-02 for habitual truancy because she was kept from school for a home learning program supervised by her parents. Our recent decision, In the Interest of C.S., 382 N.W.2d 381 (N.D. 1986), held that a child cannot be found "unruly" in these circumstances. That decision is controlling and dispositive. Reversed.

ERICKSTAD, C.J., and MESCHKE, LEVINE, VANDEWALLE and GIERKE, JJ., concur.