(dissenting).
[¶ 36.] C.C.H. argues for a reversal of the trial court’s decision that he is a child in need of supervision on the same grounds that he requested reversal of the delinquency adjudication. He also mentions that no ChINS petition was submitted to the court by the State.
[¶ 37.] In In re T.K., the State’s petition alleged a minor child was delinquent, but the order declared him to be a ChINS. The trial court said that it had done so because the State had not proven the underlying criminal charge of trespassing beyond a reasonable doubt. 462 N.W.2d at 894-95. We upheld the trial court’s decision because. “[t]he potential of violence existed. T.K’s and other persons’ welfare was threatened.” Id. at 895. Similarly, we should find the trial judge did not err by finding C.C.H. a ChINS. “It is well established that the purpose of any juvenile disposition is to serve the best interest of the child and the public.” Id. Here, we should find the trial court’s assessment of C.C.H. as a ChINS accurate and in C.C.H.’s best interest.
[¶ 38.] I would affirm the trial court’s decision on the ChINS adjudication.
[¶ 39.] GILBERTSON, Chief Justice, joins this dissent.