3-7-16 Truancy Petition - Dismissal and Refiling

  1. Prior to adjudication, the Children’s Court shall enter a written order dismissing the truancy petition, without prejudice, upon a showing by the Wakanyeja that, following the Wakanyeja most recent unexcused absence, the Wakanyeja has accumulated sixty (60) days of regular school attendance without another unexcused absence.
  2. Following the dismissal of a truancy petition in accordance with the provisions of subsection (a):
    1. the Juvenile Presenting Officer/Prosecutor may refile the petition if the Wakanyeja accumulates one (1) or more unexcused absences during the school year in which the order was entered; and
    2. the Children’s Court shall otherwise amend the written order entered in accordance with the provisions of subsection (a) to dismiss the petition with prejudice at the end of the school year in which the order was entered.     
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