In re Samantha C.

The State filed a petition alleging that Samantha C. was a juvenile as defined by Neb. Rev. Stat. 43-247(3)(b) for being habitually truant from school. Samantha argued that the juvenile court could not adjudicate her under section 43-247(3)(b) because her school had failed to comply with the remedial measures set forth in the compulsory education statutes. The juvenile court rejected Samantha’s argument and entered an order adjudicating Samantha as being habitually truant from school. The Supreme Court affirmed, holding (1) the State was not required to first prove Samantha’s school’s compliance with the compulsory education statutes because the Nebraska Juvenile Code and the compulsory education statutes are separate statutory enactments with distinct purposes and goals; and (2) the State met its burden of proving that Samantha was habitually truant from school under section 43-247(3)(b). View "In re Samantha C." on Justia Law