State v. S. M. G., 45266

Decision Date26 February 1975
Docket NumberNo. 45266,45266
Citation313 So.2d 761
PartiesSTATE of Florida, Petitioner, v. In the Interest of S.M.G., a child, Mrs. Norwood Provost, Respondent.
CourtFlorida Supreme Court

Robert L. Shevin, Atty. Gen., and C. Marie Bernard, Asst. Atty. Gen., for petitioner.

John W. Bellamy of Bellamy & Barnes, West Palm Beach, for respondent.

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 291 So.2d 43. Conflict has been alleged between the decision sought to be reviewed and Graham v. State 1 and Hall v. State Department of Public Welfare. 2 The petition for writ of certiorari reflected apparent jurisdiction in this Court. We issued the writ and have heard argument of the parties. Upon further consideration of the matter, we have determined that the cited decisions present no direct conflict as required by Article V, Section 3(b)(3), Florida Constitution. The writ must be, and hereby is, discharged, for reasons which will be set out below.

The facts of the case are as follows.

Respondent petitioned the Juvenile Court for designation of her adopted fifteen-year-old daughter as a child in need of supervision. Since then, the child has been the subject of numerous court orders resulting from her misconduct, and she remains within the court's jurisdiction. An order dated May 9, 1973, found the child delinquent for unlawful possession of marijuana and placed the child on probation in the custody of a legal custodian directing that she 'participate in and successfully complete the Seed Program'. The court order also directed Respondent, the child's mother, to 'participate in and fully cooperate with, the Seed Program'. (As noted by the District Court, the Seed Program is an innovative drug rehabilitation program in Ft. Lauderdale, Florida; the success of the Seed Program depends greatly on the cooperation and personal participation on the part of the parents of the delinquent child.) Respondent refused to participate personally and, after a hearing, was found in contempt of court. Respondent appealed that order and sentence of 30 days imprisonment. The District Court held that the Juvenile Court lacked jurisdiction to enter the appealed order and, hence, that it was void; the order was reversed and the cause remanded with instructions to discharge the Appellant.

The District Court recognized that the Juvenile Court was a court of limited jurisdiction conferred upon it by authority of Section 39.02, Florida Statutes. It was held that the only specific provision found granting power over a parent is Section 39.11(2)(b), paragraph 4, Florida Statutes, 1971. Thereunder, where the delinquent child has been removed from the parent's custody, a court is empowered to order the parents to pay the person or institution having custody reasonable sums of money for the child's care, support and maintenance. The District Court emphasized that, since there is no other power to order a parent to do anything as a matter of first instance, the Juvenile Court did not have jurisdiction to initiate contempt proceedings in this instance. The District Court recognized that Graham v. State 3 illustrates an example of proper exercise of the contempt power (i.e., where a court enters a legal order placing a child in the custody of an institution and a parent, or for that matter, anyone, interferes with that order by removing or allowing the removal of the child from such custody, that person would be a proper subject of contempt proceedings).

Petitioner contends, Inter alia, that the District Court overlooked the fact that the new Constitutional Article V, Section 20(c)(3), made the Juvenile Court a division of the Circuit Court with its accompanying jurisdiction and that Section 39.13, Florida Statutes, specifically provides the Juvenile Court with contempt powers. We disagree; the District Court made particular reference to both these matters in footnotes 1 and 3 of its...

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8 cases
  • Department of Health and Rehabilitative Services, Child Support Enforcement v. Holland
    • United States
    • Florida District Court of Appeals
    • July 10, 1992
    ...a child because of the parent's neglect to meet his or her legal parental duties to support that minor child. See generally In re S.M.G., 313 So.2d 761 (Fla.1975); Weinstein v. Weinstein, 148 So.2d 737 (Fla. 3d DCA 1963); (5) a child of lawful age and under no legal disability has the legal......
  • Variety Children's Hospital, Inc. v. Vigliotti
    • United States
    • Florida District Court of Appeals
    • June 10, 1980
    ...The mother could be called upon to provide for the family only when the father could not fulfill this obligation. See State v. S.M.G., 313 So.2d 761 (Fla. 1975); Copeland v. Copeland, 65 So.2d 853 (Fla. 1953); and Bullard v. Bullard, 195 So.2d 876 (Fla. 2d DCA 1967). Recently, however, "the......
  • Synchron, Inc. v. Kogan
    • United States
    • Florida District Court of Appeals
    • April 26, 2000
    ...matter and personal jurisdiction nevertheless might issue a void order, i.e., one that is beyond the court's power. See State v. S.M.G., 313 So.2d 761 (Fla.1975); In re Elrod, 455 So.2d 1325 (Fla. 4th DCA 1984); Miller v. Eatmon, 177 So.2d 523 (Fla. 1st DCA 1965). This contrasts with an ord......
  • Dupes v. State, Dept. of Health & Rehabilitative Services
    • United States
    • Florida District Court of Appeals
    • December 19, 1988
    ...385 So.2d 1052 (Fla. 3rd DCA 1980). Their support obligation continues irrespective of their custodial rights. See State v. Interest of S.M.G., 313 So.2d 761 (Fla.1975) (parents of delinquent child could be ordered to pay the person or institution having custody reasonable sums of money for......
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