Who brings Dependency and Neglect contempt charges against a respondent parent?

March 13, 2007

Contempt is a quasi-criminal charge concerning a defendant’s offensive actions toward the court. Why should it matter who brings the offensive actions to the attention of the court? Rule 107 allows the court to sua sponte bring charges and appoint an attorney to prosecute. There’s some discussion, albeit on the other side, :-) at www.juvenilelaw.net/contempt.htm Webmaster—– Original Message —–I am representing a Respondent Mother in a D&N action  The Petition alleges that the children were in an injurious environment through no fault of the Respondent Mother. The Respondent father has acted in contempt of court orders since the beginning of this proceeding. DHS filed contempt charges against Respondent father but dropped them as part of a deal to get the father to admit the petition. Respondent father has admitted the Petition. So has Respondent Mother. On behalf of Respondent Mother I filed contempt charges against Respondent Father shortly after DHS filed its contempt charges. In my motion I incorporated the charges of DHS and listed additional charges. Atty for Respondent argues that Respondent Mother cannot file contempt charges in a D&N case. He says that §19-3-504 is the only controlling authority.  Any thoughts as I write my reply?

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