In re: J.S.

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order adjudicating J.S. a status offender based on habitual truancy and placing the child on probation until age eighteen. The court held that, even accepting the mother's claim that the child had only five unexcused absences, the evidence supported a finding of truancy under West Virginia law. The court found no substantial question of law or prejudicial error and issued the decision as a memorandum decision.

Holdings

1. The circuit court did not err in finding J.S. truant and adjudicating him a status offender because the evidence showed at least five unexcused absences, which was sufficient under the cited statutes.
2. The mother's notice-related arguments and contention that J.S. was not a discipline problem did not establish reversible error in the status-offender adjudication or probation order.

Questions Presented

1. Whether the circuit court clearly erred or abused its discretion by finding J.S. truant and adjudicating him a status offender when the mother disputed the number of unexcused absences.
2. Whether the alleged lack of notice from the school or J.S.'s lack of disciplinary problems required reversal of the status-offender adjudication or probation order.

Disposition

affirmed