BALTIMORE CITY DEPT. OF SOCIAL SERVICES V. BOUKNIGHT
493 U.S. 549 (1990)
NATURE OF THE CASE: This was a dispute over the scope of Fifth Amendment privilege.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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