S.B. v. Commonwealth

OPINION

STUMBO, Judge:

S.B. (hereinafter referred to as “Child”)2 appeals from the judgment finding her to be a habitual truant. We find that the trial court did not have subject matter jurisdiction over Child and vacate the judgment.

Child was fifteen years old when a petition alleging the status offense charge of habitual truancy was filed against her. Child was alleged to be a habitual truant because she had at least six unexcused absences from school in a one-year period. Kentucky Revised Statutes (KRS) 159.150. Multiple hearings were conducted and Child was ultimately adjudged to be a…