State v. Walsh

Swanson, J.

(concurring)—I concur in the result because Michael's mother failed to make any reasonable arrangement to provide food and shelter for her 16-year-old son when she expelled him from the home and prohibited him from reentering. I disagree that a formal legal proceeding is necessary before a child's privilege to enter the parental home can be terminated. The parents' obligation of support can be satisfied without a court hearing to either establish or approve provisions for the child's care.

However, I am not willing to go as far as the dissent suggests and separate the parents' withdrawal of the privilege to enter the family home from their statutory duty to support a minor child.

Here no provision was made for the child's care; consequently, the withdrawal of the privilege to enter the home was ineffective.