Interest of T.S.

C.S. appealed from a juvenile court's order that found his child T.S., a delinquent and unruly child for committing disorderly conduct. At the hearing, the State presented evidence about the two alleged acts of disorderly conduct. The State asserted the first act of disorderly conduct involved a classroom incident. T.S.'s second-grade teacher testified that while attending class, T.S. started screaming words that were not making sense. T.S. later kicked the aide after a short "time out." The second act of disorderly conduct took place on a school bus. The bus driver testified that while driving the special needs bus, she heard T.S. scream the "N" word. She asked T.S. to go to the front of the bus but he refused and called her "a**hole" and "fat a**." The bus driver used physical force to restrain T.S. The juvenile court found T.S. a delinquent child and an unruly child in need of treatment and rehabilitation. The court concluded it was in the best interest of T.S. to be removed from the care of his father and be placed in the care, custody, and control of Stutsman County Social Services for one year. On appeal, C.S. argued that insufficient evidence was presented to support the juvenile court's findings of fact. Furthermore, C.S. asserted the juvenile court violated T.S.'s constitutional rights by failing to sua sponte conduct a competency hearing. Upon careful consideration of the juvenile court's record and the applicable legal authority, the Supreme Court concluded that the evidence presented was sufficient to support the court's finding. Furthermore, the Court concluded that the juvenile court did not violate T.S.'s due process rights by failing to sua sponte order a competency hearing. The Court affirmed the juvenile court's order. View "Interest of T.S." on Justia Law