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MATTER OF WELFARE OF B.K.J.

No. C0-89-1774.

451 N.W.2d 241 (1990)

In the Matter of the WELFARE OF B.K.J.

Court of Appeals of Minnesota.

February 6, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas L. Johnson, Hennepin County Atty., Minneapolis, for appellant.

William R. Kennedy, Hennepin County Public Defender, Warren R. Sagstuen, Asst. Public Defender, Minneapolis, for respondent.

Considered and decided by LANSING, P.J., and HUSPENI, and KALITOWSKI, JJ.

OPINION

LANSING, Judge.

Hennepin County appeals an order dismissing a truancy citation issued to B.K.J. We agree with the trial court's determination that habitual truancy requires a volitional act on the part of the child and affirm the dismissal.

FACTS

B.K.J.'s father removed 13-year old B.K.J. from public school in the fall of 1987 to provide home-school education. See Minn.Stat. &...

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