Department of Children and Families v. M.V.
In a Chapter 985 delinquency proceeding, the circuit court entered a release order directing DCF take custody of a child and later issued an order to show cause why the DCF Secretary should not be held in indirect civil contempt. The Sixth DCA granted certiorari and quashed the release order, holding the court lacked statutory authority to order DCF (a non-party never served) to shelter a delinquency child, and granted prohibition barring further proceedings on the contempt order to show cause because a void order cannot support contempt.
Key facts
- In a Chapter 985 delinquency proceeding, the circuit court entered a release order directing the Department of Children and Families to take custody of a child, then issued an order to show cause why the DCF Secretary should not be held in indirect civil contempt for failing to comply.
- DCF was a non-party that was never served with process in the delinquency case.
- +2 more key facts with a free trial
Why it matters
Useful authority for non-parties—especially state agencies—faced with court orders imposing duties beyond statutory authority: it confirms certiorari is available where the aggrieved entity is not a party and the order… — full analysis with a trial
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