Dept. of Children and Families v. N.M. the Mother and E.J., the Father

District Court of Appeal of Florida

Dept. of Children and Families v. N.M. the Mother and E.J., the Father

201 So. 3d 119, 2015 Fla. App. LEXIS 14024

CourtDistrict Court of Appeal of Florida

DecidedSeptember 24, 2015

Docket3D15-1470

StatusPublished

This text of 201 So. 3d 119 (Dept. of Children and Families v. N.M. the Mother and E.J., the Father) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dept. of Children and Families v. N.M. the Mother and E.J., the Father, 201 So. 3d 119, 2015 Fla. App. LEXIS 14024 (Fla. Ct. App. 2015).

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Opinion

SUAREZ, C.J.

The Department of Children and Families (“Department”) appeals from an order fining the Department five hundred ($500.00) for failing to timely file a case plan seventy-two (72) hours in advance of a reunification hearing. We have jurisdiction. Fla. R, App. P. 9.146.

The trial court held' the Department in contempt without the lower court following the' procedures laid out in the Florida Rules of Juvenile Procedure for either a criminal or civil contempt proceeding. 1 The Department argues that the court deprived the Department of the opportunity to present evidence to show the late filing was neither willful nor done with the intent to hinder the administration of justice. It is unclear from the record before us whether the trial court imposed the $500 penalty against the Department as a criminal or civil contempt fine. In either event, we agree that the finding of contempt without giving the Department a reasonable opportunity to respond was unwarranted. We thus reverse and remand with instruction to vacate the May 18, 2015 order imposing the fine.

1

. Florida Rule of Juvenile Procedure 8.285(b) sets forth the procedures required before a court can make a finding of indirect criminal contempt; Florida Rule of Juvenile Procedure 8.286 provides for civil contempt proceedings,

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SUAREZ, C.J.

The Department of Children and Families (“Department”) appeals from an order fining the Department five hundred ($500.00) for failing to timely file a case plan seventy-two (72) hours in advance of a reunification hearing. We have jurisdiction. Fla. R, App. P. 9.146.

The trial court held' the Department in contempt without the lower court following the' procedures laid out in the Florida Rules of Juvenile Procedure for either a criminal or civil contempt proceeding. 1 The Department argues that the court deprived the Department of the opportunity to present evidence to show the late filing was neither willful nor done with the intent to hinder the administration of justice. It is unclear from the record before us whether the trial court imposed the $500 penalty against the Department as a criminal or civil contempt fine. In either event, we agree that the finding of contempt without giving the Department a reasonable opportunity to respond was unwarranted. We thus reverse and remand with instruction to vacate the May 18, 2015 order imposing the fine.

1

. Florida Rule of Juvenile Procedure 8.285(b) sets forth the procedures required before a court can make a finding of indirect criminal contempt; Florida Rule of Juvenile Procedure 8.286 provides for civil contempt proceedings,

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Bluebook (online)

201 So. 3d 119, 2015 Fla. App. LEXIS 14024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-children-and-families-v-nm-the-mother-and-ej-the-father-fladistctapp-2015.