IN RE TIMOTHY L., 120 N.H. 286 (1980)

414 A.2d 543

In re TIMOTHY L.

No. 79-179Supreme Court of New Hampshire Merrimack
Decided May 5, 1980

Appeal and Error — Dismissal on Appeal — Moot Questions Juvenile’s claim, that his commitment under RSA 169:13-a I(d) was illegal for lack of proper notice and hearing, became moot where court had rescinded its order and the juvenile had subsequently been committed in accordance with RSA ch. 135-B.

Nancy J. Geiger, of Concord, by brief and orally, for the juvenile.

Thomas D. Rath, attorney general (Betsy S. Westgate orally), for the State.

MEMORANDUM OPINION

The juvenile involved in this case, after various tests and evaluations, was found to be a person in need of supervision. The Concord District Court committed him to the Adolescent Unit of the New Hampshire Hospital pursuant to RSA 169:9 for examination and evaluation. Following a recommendation that he remain for treatment, the district court ordered placement at the

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hospital pursuant to RSA 169:13-a I(d). The notice and hearing requirements of RSA 169:17-a and RSA 169:18 were not followed. An appeal was taken to the superior court which, after a hearing, was dismissed by DiClerico, J. The juvenile then appealed to this court.

The juvenile claims that his commitment under RSA 169:13-a I(d) was illegal. However, the State has now obtained a committal of the juvenile to the hospital in accordance with RSA ch. 135-B and we are informed that the district court has rescinded its order. The case is therefore moot.

Appeal dismissed as moot.

DOUGLAS, J., did not sit.