C. M. B.
v.
STATE OF FLORIDA
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C.M.B., a child in dependency proceedings, was found in indirect criminal contempt and ordered into secure detention based on orders to show cause that were not supported by affidavits as required by Florida law. The appellate court reversed the contempt judgment because the trial court failed to strictly comply with Florida Rule of Juvenile Procedure 8.150(c)(2), which requires orders to show cause to be supported by affidavits from persons with personal knowledge of the facts.
The indirect criminal contempt judgment is reversed because the orders to show cause were not supported by affidavits as required by Florida Rule of Juvenile Procedure 8.150(c)(2). Trial courts must strictly comply with this procedural requirement when issuing orders to show cause in contempt proceedings.
[1] An order to show cause in juvenile contempt proceedings must be supported by an affidavit from a person with personal knowledge of the facts alleged to constitute the con…
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Join FLexlaw to unlock all legal intelligenceC.M.B. was subject to a dependency court order requiring compliance with placement rules, school attendance, respectful behavior, and cooperation with…
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C.M.B. is a child in dependency proceedings. The dependency court issued an order setting out rules for C.M.B. to follow, which included following all placement rules, attending school every day, being respectful to all persons, and cooperating with doctor appointments. The order warned that failure to comply would result in an order to show cause why C.M.B. should not be held in contempt.
Throughout the course of the proceedings, the court issued multiple orders to show cause accusing C.M.B. of violating the rules set forth by the court. But those orders to show cause were not supported by affidavits. Following a hearing on the latest order to show cause, the court found C.M.B. in indirect criminal contempt and ordered C.M.B. to be placed in secure detention. C.M.B. timely appealed.
C.M.B. maintains the indirect criminal contempt judgment must be reversed because the orders to show cause were not supported by affidavits of an individual or individuals with personal knowledge of the facts. The State properly concedes error. Florida Rule of Juvenile Procedure 8.150(c)(2) provides in pertinent part:
Order to Show Cause. On affidavit of any person having personal knowledge of the facts, the court may issue and sign an order to show cause. The order must state the essential facts constituting the contempt charged and require the child to appear before the court to show cause why the child should not be held in contempt of court.
We have recently held a trial court fundamentally errs by failing to strictly comply with the procedure set forth in rule 8.150(c)(2). A.N.W. v. State, 386 So. 3d 621, 622–23 (Fla. 2d DCA 2024). Accordingly, we reverse the indirect criminal contempt judgment and remand for further proceedings.
VILLANTI, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.