OW v. Byrd

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

District Court of Appeal of Florida

Decided November 23, 1984.

Rehearing Denied January 4, 1985.

District Court of Appeal of Florida · decided 1984-11-23

Relies on 456 So. 2d 1173 - AO v. State

Decided 1984-11-23

¶1Joseph W. DuRocher, Public Defender, and Roger L. Weeden, Asst. Public Defender, Orlando, for petitioner.

¶2Jim Smith, Atty. Gen., Tallahassee, and Brian W. Bayly, Asst. Atty. Gen., Daytona Beach, for respondent.

¶3COWART, Judge.

¶4The 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).

¶5PETITION GRANTED.

¶6ORFINGER and FRANK D. UPCHURCH, Jr., JJ., concur.