Court of Appeals of Minnesota February 6, 1990, C0-89-1774 (In Re the Welfare of B.K.J.)

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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.

PACTS

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. §§ 120.