In the Interest of S.J., A Child

304 N.W.2d 685 (1981)

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In the Interest of S.J., A Child

North Dakota Supreme Court
304 N.W.2d 685 (1981)

DC

Facts

On January 19, 1981, a petition was filed in juvenile court alleging that 17-year-old S.J. had committed robbery along with a 16-year-old juvenile. S.J. was adjudicated delinquent, and at a dispositional hearing on March 31, 1981, S.J. was ordered to be placed in the care, custody, and control of the state industrial school superintendent until she turned 18 on August 20, 1981. S.J. subsequently requested a stay of the disposition. In support of her motion to stay disposition, S.J. submitted an affidavit of Dr. Ismir, who indicated that S.J. would pose little danger to the public if she were returned to her family home as long as she remained in the custody of the State Youth Authority. Additional evidence presented to the court suggested that S.J. had previously not responded well to structure imposed on her in her home environment, and that she had not been attending school for some time. After the juvenile court denied her motion, S.J. requested a stay of the dispositional order in the appellate court.

Rule of Law

Issue

Holding and Reasoning (Paulson, J.)

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