Baltimore City Dept. Of Social Services v. Bouknight

493 U.S. 549 (1990)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Maurice M. was an abused child. When he was three months old, he was hospitalized with a fractured left femur, and simple examination revealed several partially healed bone fractures and other evidence of severe physical abuse. During the next few months, BSCSS (P) tried to work with Bouknight (D), the mother of the child. Finally, the court granted a petition to remove Maurice from D's care for placement in a foster home. This was based on D's drug use and the death of Maurice's father and D's inability to take care of the child. D refused to obey the court order to turn over the child and an order to show cause for civil contempt was issued. D was found in contempt for not telling the court where the child was located. D was imprisoned until she purged herself of her contempt. The Juvenile Court rejected D's subsequent claim that the contempt order violated the Fifth Amendment's guarantee against self-incrimination. D appealed as she invoked the Fifth Amendment as her privilege to resist the order to produce the child. The Court of Appeals of Maryland vacated the Juvenile Court's judgment upholding the contempt order. The Court of Appeals found that the contempt order unconstitutionally compelled D to admit through the act of production 'a measure of continuing control and dominion over Maurice's person' in circumstances in which 'D has a reasonable apprehension that she will be prosecuted.' The Supreme Court granted certiorari.