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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/reschdw0005 and id is 1 raw text is: CHILDREN AND THE LAW (DRAFTS) PART III. CHILDREN IN THE JUSTICE SYSTEM CHAPTER 15. DELINQUENCY PROCEEDINGS TOPIC 3. ADJUDICATIVE COMPETENCE IN DELINQUENCY PROCEEDINGS § 15.30. Adjudicative Competence in Delinquency Proceedings Neb.2021. Cit. in sup. (citing § 15.30 of T.D. No. 2, 2019, which is now § 13.40 in current drafts). State filed a truancy petition against minor child, alleging that child did not attend school for more than twenty days. The trial court entered an order to dismiss the petition. This court affirmed, holding that the trial court did not err in dismissing the petition on the grounds that respondent lacked competence to participate in the proceedings, because statutes indicated a public policy towards recognizing an accused juvenile's statutory right to be competent to participate in adjudication proceedings. Citing Restatement of the Law, Children and the Law, the court noted that the U.S. Supreme Court had not considered whether juveniles had a constitutional due-process right to be competent before adjudication proceedings, but state courts and legislatures almost uniformly concluded that due process required juveniles to be capable of understanding proceedings and assisting counsel. In re Victor L., 958 N.W.2d 413, 421. COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI

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