In re Miller

Order unanimously reversed on the law and facts and petition dismissed, without costs. Memorandum: This 10-year-old child has been found to be delinquent as habitually truant, taken from his mother, and placed in the care and custody of the County Welfare Commissioner. (Children’s Court Act, § 2, subd. 2-, par. [c].) The determination is based upon tardiness and absence from school. The record shows that all or most of the offenses occurred with the knowledge and aequiescense of his mother. His truancy record was not extreme, although it undoubtedly called for investigation. Nevertheless,…