O.W., A CHILD, PETITIONER,
v.
JAMES S. BYRD, CIRCUIT COURT JUDGE, NINTH JUDICIAL CIRCUIT, RESPONDENT
O.W., A CHILD, PETITIONER,
JAMES S. BYRD, CIRCUIT COURT JUDGE, NINTH JUDICIAL CIRCUIT, RESPONDENT
461 So. 2d 967
Florida District Court of Appeal, Fifth District (1984)
Positive Treatment
Cited by 2 cases
Opinion of the Court
COWART, Judge.
The petition for prohibition is granted and the trial judge is prohibited from further proceedings on the petition for adjudication of delinquency which is based on the child’s disregard of a court order. “While an adjudication of delinquency is not a permissible sanction under chapter 39 for a dependent child’s disregard of a court order, the trial court still retains its inherent authority to punish for contempt, including, if necessary, placing the child in a secured detention facility for a reasonable period of time.” A.O. v. State, 456 So. 2d 1173 (Fla.1984).
PETITION GRANTED.
ORFINGER and FRANK D. UP-CHURCH, Jr., JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.D.L. v. Chinault, 570 So. 2d 1335 (Fla. 2d DCA 1990)…lenges the use of secure detention to punish his contemptuous conduct. In response, the state relies upon existing authority approving the use of secure detention for this purpose. See, e.g., R.M.P. v. Jones, 419 So. 2d 618 (Fla.1982); O.W. v. Byrd, 461 So. 2d 967 (Fla. 5th DCA 1984). The foregoing authority, however, predates section 39.0321, Florida Statutes, enacted in 1988. Ch. 88-831, § 14, Laws of Fla. In this recent enactment, the legislature has specifically proscribed the use of secure detention for…
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J.G. v. State, 604 So. 2d 1255 (Fla. 5th DCA 1992)…court. Contempt is an appropriate sanction for violation of community control. Department of Health and Rehabilitative Services v. State, J.L.B., 599 So. 2d 123 (Fla. 5th DCA 1992). See also R.M.P. v. Jones, 419 So. 2d 618 (Fla.1982); O.W. v. Byrd, 461 So. 2d 967 (Fla. 5th DCA 1984). However, the Florida Supreme Court has recently held that a juvenile may not be incarcerated for contempt of court by being placed in secure detention facilities. A.A. v. Rolle, 604 So. 2d 813 (Fla.1992). Accordingly, we affirm…
Authorities Cited
- A.O. v. State, 456 So. 2d 1173 (Fla. 1984)