In re Samantha L.

On October 22, 2010, an amended petition was filed in juvenile court alleging improper care of two minor children. After twice continuing the permanency planning hearing because opposing counsel objected to reports offered by the Department of Health and Human Services (DHHS), the juvenile court held a third attempt at a review and permanency hearing on January 9, 2012. The court again sustained opposing counsel's objection to DHHS' reports because they were offered without notice. In its order, the juvenile court ordered DHHS to pay opposing counsel's costs associated with the preparation and attendance of the January 9 hearing as well as the next scheduled hearing. The Supreme Court vacated the January 9, 2012 contempt order and remanded, holding (1) the juvenile court's inherent power to issue contempt orders is subject to the contemnor's receiving proper notice and an opportunity to be heard when the contempt is not committed in the presence of the court; and (2) in this instance, the juvenile court abused its discretion by summarily imposing a sanction for conduct that did not occur in its presence. View "In re Samantha L." on Justia Law