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In the Interest of T.S., A Child v. T.S.

June 21, 2011

IN THE INTEREST OF T.S., A CHILD STATE OF NORTH DAKOTA,
PETITIONER AND APPELLEE
v.
T.S., MINOR CHILD, RESPONDENT
AND
C.S., FATHER,
RESPONDENT AND APPELLANT



Appeal from the Juvenile Court of Stutsman County, Southeast Judicial District, the Honorable John E. Greenwood, Judge.

The opinion of the court was delivered by: Maring, Justice.

N.D. Supreme Court Interest of T.S., 2011 ND 118

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Opinion of the Court by Maring, Justice.

Interest of T.S.No. 20100322

[¶1] C.S. appeals from a juvenile court's order adjudicating his child, T.S., a delinquent and unruly child for committing disorderly conduct. C.S. argues insufficient evidence exists to support the juvenile court's findings of fact and asserts the juvenile court violated T.S.'s constitutional rights by failing to sua sponte conduct a competency hearing. We affirm.

I

[¶2] On June 1, 2010, the State petitioned the juvenile court to find T.S. is a delinquent child. The State asserted T.S. had committed two separate acts of disorderly conduct in violation of N.D.C.C. § 12.1-31-01(1). On July 1, 2010, the State amended its petition, alleging T.S. is also an unruly child under N.D.C.C. § 27-20-02(19)(b) in need of treatment and rehabilitation.

[¶3] The juvenile court held an adjudication hearing on August 26, 2010. 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 on May 4, 2010, T.S. started screaming words that were not making sense. The teacher asked T.S. to go to the back of the room to calm down. T.S. went to the back of the room, but once there, he started throwing objects at the teacher's aide. When the aide tried to stop him from throwing objects, T.S. kicked the aide. As a result, T.S. was taken to the principal's office. The principal testified T.S. kicked her and swallowed a marble while in her office. Concerned for his safety and the safety of the other students and staff members, the principal attempted to contact T.S.'s father, but could not reach him. The principal then contacted the school's resource officer for assistance. The officer removed T.S. from school.

[¶4] The second act of disorderly conduct took place on a school bus. The bus driver testified that while driving the special needs bus on May 6, 2010, she heard T.S. scream "[b]ang, bang, T's dead," referring to another student on the bus. T.S. then started screaming the "N" word. The bus driver stopped the bus and attempted to calm T.S. down. She asked T.S. to go to the front of the bus, but he refused and called her "asshole" and "fat ass." The bus driver used physical force to restrain T.S.

[¶5] The juvenile court issued its findings of fact and order of disposition on August 30, 2010. The juvenile court found T.S. was a delinquent and unruly child. The court, however, deferred disposition to allow for the appointment of counsel for C.S., T.S.'s father, during the dispositional phase of the delinquency proceedings.

[ΒΆ6] On September 13, 2010, the juvenile court held a dispositional hearing. At the hearing, the State called as its witnesses T.S.'s new school principal, a number of psychologists, T.S.'s social worker, and T.S.'s guardian ad litem. The testimony offered at the hearing established T.S. suffers from an oppositional defiance disorder and ...


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