State v. K. C. L.

BASCHAB, Judge.

The State appeals from an order in which the Calhoun Juvenile Court declared § 16—28—16(b), Ala.Code 1975, unconstitutional. A child in need of supervision petition, see § 12-15-1(4), Ala.Code 1975, was filed against the appellee based on a charge of truancy for violating the compulsory school attendance law. See §§ 16-28-1 through -24, Ala.Code 1975. The appellee filed a motion to dismiss the petition, arguing that Act No. 99-705, 1999 Ala. Acts, is unconstitutional. After the State responded and after it conducted a hearing, the juvenile court declared § 16-28—16(b), Ala.Code…