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01/25/02 "See News Release 007 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA
No. 01-C-1298 PAMELA MCWILLIAMS BILLIOT versus JOSEPH B. BILLIOT, JR. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF LAFOURCHE KIMBALL, J.* In this case, the Louisiana Department of Social Services, Office of Community Services (OCS) was held in contempt of court for willfully disobeying the trial court's custody order. OCS appealed, and we granted certiorari to determine whether this was an appropriate use of contempt power. For the following reasons, we conclude that the trial court abused its discretion by holding OCS in contempt, and that OCS's actions did not amount to willful disobedience of the court's order. We therefore reverse the order holding OCS in contempt of court. FACTS AND PROCEDURAL HISTORY J.B. and P.B. are the parents of a minor child, A.B.1 In 1988, P.B. instituted a civil divorce proceeding against J.B. entitled Billiot v. Billiot, docket number 62793. The trial court entered a judgment in that case on January 13, 1989 which awarded J.B. and P.B. joint custody of A.B., with P.B. as the domiciliary parent. Thereafter, on

Retired Judge Robert L. Lobrano, assigned as Justice pro tempore, participated in the decision. In accordance with Supreme Court Rule XXXII,

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Louisiana Law