The People of the State of South Dakota in the Interests of C.C.H., Minor Child, and Concerning N.C.H. and M.C.H.

Justice ROBERT A. AMUND-

[IT 1.] SON delivers the majority opinion of the Court on Issue 1, which reverses the trial court’s delinquency adjudication.

[¶ 2.] Acting Justice GORS delivers the majority on Issue 2, which reverses the trial court’s child in need of supervision adjudication.

[¶ 3.] C.C.H., a minor child, was adjudicated delinquent pursuant to SDCL Chapters 26-7A and 26-8C and a child in need of supervision as defined in SDCL Chapter 26-8B. C.C.H. appeals this disposition. We reverse.

FACTS

[¶ 4.] On February 13, 2001, in response to a teacher’s inquiry, C.C.H., an eighth grader in…