In the Interest of JW v. State

[¶ 39] I join Justice Golden's dissent but write separately in order to focus upon the appropriate standard of review. The majority opinion fails to identify or apply any standard of review. It simply dodges the issue.1 The proper standard of review is abuse of discretion. Had the majority recognized and applied this standard, it could not have concluded that reversal was warranted.

[¶ 40] Fundamentally, our review process should be the same that we apply in child *884custody cases. In those cases, trial judges must apply statutory factors in making a custody determination that is in the best…