State v. Jody C.

OPINION

DONNELLY, Judge.

The state appeals from an order of the children’s court dismissing a delinquency petition with prejudice. The sole issue raised on appeal is whether the children’s court erred in dismissing the petition against the child based upon the state’s failure to accord the child an adjudicatory hearing within the ninety-day period prescribed by SCRA 1986, 10-226(B). We reverse.

FACTS

The petition alleging Jody C. (the child) to be delinquent was based on an incident that occurred on June 14, 1990. The child was taken into custody by the police and placed in detention that same…