RMP v. Jones

392 So. 2d 301
CourtDistrict Court of Appeal of Florida
DecidedDecember 23, 1980
DocketZZ-9
StatusPublished
Cited by11 cases

This text of 392 So. 2d 301 (RMP v. Jones) 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
RMP v. Jones, 392 So. 2d 301 (Fla. Ct. App. 1980).

Opinion

392 So.2d 301 (1980)

R.M.P., a Child, Petitioner,
v.
Carlton JONES, Superintendent, Duval Regional Detention Center, Respondent.

No. ZZ-9.

District Court of Appeal of Florida, First District.

December 23, 1980.
Rehearing Denied January 27, 1981.

*302 William P. White, Chief Asst. Public Defender, and Claudia Wright, Asst. Public Defender, for petitioner.

No appearance for respondent.

PER CURIAM.

Rose, a 15-year old girl, petitions this court for a writ of habeas corpus, seeking release from the remainder of a 40-day sentence she is serving for contempt of court. Upon reviewing the circuit court orders of Judge Safer and based upon the legal analysis contained therein and incorporated below, we decline to issue the writ.

The record indicates, and petitioner does not contest, that petitioner specifically violated the court's orders, which violations resulted in the contempt finding.[1]

*303 Petitioner asserts the adjudications of guilt and sentences entered are illegal because (1) the court has no authority to place conditions upon a child who is subject to a dependency action and (2) there is no provision under Florida law for the placement of a child judged guilty of contempt in a secure detention facility, thus the child cannot be placed within the custody of HRS.

Following Judge Safer's finding of guilt and imposition of sentence, petitioner submitted a motion in the trial court to vacate the sentence. In denying petitioner's motion to vacate, Judge Safer explained in some detail the basis for his decision. We extract those portions relevant to the instant petition:

* * * * * *

Child's Contentions

1. That the powers of disposition as set forth in Section 39.41(1), Florida Statutes, do not authorize the Court lawfully to place conditions upon this dependent child. Therefore, the conditions being unlawfully imposed could not form a basis for holding the child in contempt upon her failure to abide by said conditions.

2. Even assuming that there were a proper contempt proceeding and adjudication (which child argues there was not), the sentence of the child to a secure detention facility is unlawful as such placement is not authorized by any section of Chapter 39.

HRS Contentions

Although no formal pleading was filed in this case by HRS, the Court invited HRS to be present at all of the contempt hearings and advised its counsel of the hearing on motion to vacate and invited such counsel to advise the Court of the HRS position on such sentence.

In response, HRS offered testimony which will be summarized hereafter.

HRS contends that the Legislature has provided for secure detention facilities only for the temporary care of children pending delinquency adjudication or court disposition (Senate Bill 409, effective July 1, 1980, amending § 39.01(31), F.S.).

Therefore, HRS concludes the Court cannot impose a burden upon HRS which the Legislature has not given HRS power to handle. Specifically, in this case, the Court has ordered a child, who is not a delinquent child, to be incarcerated in a secure detention facility.

* * * * * *

Discussion of the Issues

As mentioned in the Motion to Vacate Judgment, the issues named are matters of first impression in the State of Florida and are of a unique and complex nature. These issues are important because they affect the conduct of the juvenile court system. * * *

[A summary of the actions leading up to the trial court's order finding petitioner guilty of contempt follows:]

1. By order entered on November 4, 1980, the child's dependency was reaffirmed, she was placed in the temporary care, custody and control of her mother subject to HRS' supervision and the Court imposed eight conditions relating to the child's behavior. (Although the case history of this particular child would be interesting to relate, it is not material to the legal issues to be determined in this case.)

2. The Court followed Rule 8.820 [8.280], Fla.R.Juv.P., which deals with Indirect Criminal Contempt.

*304 3. The child was adjudicated guilty of two separate indirect contempts in that she violated two separate conditions of the Court's order entered November 4, 1980.

4. The child was not adjudicated a delinquent and it is my understanding that such an adjudication is prohibited by the case of J.M.J.,[2] decided by Florida District Court of Appeal on October 22, 1980.

5. The child's sentence involved placement with HRS to be incarcerated in secure detention for 20 days on each contempt, to be served consecutive. She was placed with HRS as a person guilty of indirect criminal contempt of court, not as a delinquent child nor as a dependent child.

I. The first issue is what power does a Juvenile Court Judge have under Chapter 39, as amended by Senate Bill 409, to impose conditions on a dependent child?

Section 39.41(1)(a) states:

(1) When any child is adjudicated by a court to be dependent, the court having jurisdiction of the child shall have the power, by order, to: (a) place the child under the protective supervision of an authorized agent of a department, either in the child's own home or, the prospective custodian being willing, in the home of a relative of the child or in some other suitable place under such reasonable conditions as the child may direct. ____" (emphasis supplied)

Child contends the underlined portion means that the conditions are solely to be imposed in connection with the placement of the person with whom the child is to be placed.

I do not read the underlined language as being so restricted. I must take into consideration the mandate of the Legislature in Section 39.001(3), that "This chapter be liberally interpreted and construed in conformity with its declared purpose." One of the declared purposes as set forth in Section 39.001(2)(b) is to assure that children who appear before the Court under this Chapter, be they delinquent or dependent, obtain the care, guidance and control-which will best serve the moral, emotional, mental and physical welfare of the child and the best interest of the State." It is important to note that the "best interest of the State" must be taken into account by the Judge.

* * * * * *

Under child's contention, I had no right under Chapter 39 to discuss placement with the child, giving the child an alternative upon her agreeing to certain conditions. Under child's contention, the Court's power of disposition was to discuss with the mother conditions to be imposed upon the mother if she wanted to have the child returned.

To presume that the child's contention is the legislative intent, would be to undermine the entire concept of the Judge having the ability to analyze the child's problem, to discuss the problem with the child, to obtain a commitment from the child, all in the process of making a reasonable determination as to the proper disposition beneficial to the child and the State.

Therefore, I must reject the basic contention of the State that a Juvenile Court Judge cannot reasonably impose conditions on a dependent child.

II. The second issue is that assuming that the Juvenile Court Judge can impose a condition on a dependent and failure of the child to abide by the condition does not constitute any violation of the law, can the child be held in indirect criminal contempt?

Child relies on the case of In re Ronald S., [69 Cal.

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Bluebook (online)
392 So. 2d 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rmp-v-jones-fladistctapp-1980.