M.B. v. Konenkamp

HENDERSON, Retired Justice

(concurring specially).

Under the auspices of SDCL 26-7A-107, M.B. was ordered to undergo alcohol treatment. A civil commitment deprives an individual (such as respondent) of liberty no less than a commitment to jail or prison, be the motive punitive or corrective. Neither this statute nor any other part of the juvenile code requires any notice, hearing or procedure whatsoever prior to the juvenile court’s issuance of such a protective order. Thus, the juvenile code is in a state of disrepair.

Although Judge Konenkamp attempted to bridge this statutory gap, M.B. was…