In re F.C.
In re F.C.
Opinion of the Court
**1029Following F.C.'s involuntary hospitalization at McLean Hospital, the hospital filed a petition for his commitment under G. L. c. 123, § § 7 and 8, and for other relief, pursuant G. L. c. 123, § 8B. A judge in the District Court denied F.C.'s first and only request to continue the hearing date, and a hearing was held, which resulted in F.C.'s involuntary commitment and treatment. F.C. appealed to the Appellate Division of the District Court. His appeal was stayed pending this court's decision in Matter of N.L.,
We transferred the case from the Appeals Court on our own motion to clarify that nothing we stated in Matter of N.L., supra, was intended to require the dismissal of such appeals as moot, or otherwise to change the appellate process for appeals involving commitment, treatment, and other orders issued pursuant to G. L. c. 123, §§ 7, 8, and 8B, that have expired. In this case, the Appellate Division erred in summarily dismissing F.C.'s appeal as moot in reliance on Matter of N.L., something that was neither raised nor decided in that case.
Appeals from expired or terminated commitment and treatment orders under G. L. c. 123, §§ 7, 8, and 8B, like appeals from expired harassment prevention *335orders (G. L. c. 258E) or expired abuse prevention orders (G. L. 209A), "should not be dismissed as moot where the parties have a continuing interest in the case." See Seney v. Morhy,
We therefore vacate the order of the Appellate Division dismissing the appeal as moot. We remand the case to the Appellate Division for determination of the appeal on its merits.
So ordered.
In Matter of N.L.,
The expired involuntary commitment order at issue in Matter of N.L. was entered prior to January 1, 2015, the effective date of G. L. c. 123, § 36C. That statute now requires the transmission of certain identifying and nonclinical information about a person who has been involuntarily committed to the Department of Criminal Justice Information Services, which in turn submits to the United States Attorney General information required or permitted by Federal law to be included in the national instant criminal background check system. G. L. c. 6, § 167A (h ). Although we conclude that a patient's continuing interest in removing stigma associated with an involuntary commitment is sufficient to require an appeal to be decided on its merits, we recognize that the statute itself may implicate ongoing Federal collateral consequences, providing an additional reason for needing to resolve the appeal on the merits. See, e.g., In the Interest of B.A.C.,
Reference
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- In the MATTER OF F.C.
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- Published