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IN RE C.M.T.

861 A.2d 348 (2004)

In re: C.M.T., a Minor, Appeal of: L.A.P., Natural Mother

Superior Court of Pennsylvania.

Filed October 29, 2004.

Attorney(s) appearing for the Case

Kelly L. Darr, Philadelphia and Phillip A. Drumheiser, Carlisle, for appellant.

Before: MUSMANNO, GANTMAN and BECK, JJ.

BECK, J.:

¶ 1 In this appeal from an order of the juvenile court adjudicating a high school student dependent, we address the burden of proof required to establish that a child is "habitually and without justification truant from school" under 42 Pa.C.S.A. § 6302. We hold that the Commonwealth bears the burden of proving that the truancy is "without justification." We further hold that in this case, the hearing court

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