Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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O.W. v. Byrd461 So. 2d 967 (Fla. 5th DCA 1984) · 5D84-1333

Court
5th DCA
Decided
1984-11-23
On CourtListener
461 So.2d 967 (1984)

O.W., a Child, Petitioner,
v.
James S. BYRD, Circuit Court Judge, Ninth Judicial Circuit, Respondent.

No. 84-1333.

District Court of Appeal of Florida, Fifth District.

November 23, 1984.
Rehearing Denied January 4, 1985.

Joseph W. DuRocher, Public Defender, and Roger L. Weeden, Asst. Public Defender, Orlando, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Brian W. Bayly, Asst. Atty. Gen., Daytona Beach, for respondent.

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. UPCHURCH, Jr., JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.