In re S. C.

421 A.2d 853, 280 Pa. Super. 539, 1980 Pa. Super. LEXIS 3098
CourtSuperior Court of Pennsylvania
DecidedSeptember 19, 1980
DocketNo. 113
StatusPublished
Cited by40 cases

This text of 421 A.2d 853 (In re S. C.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re S. C., 421 A.2d 853, 280 Pa. Super. 539, 1980 Pa. Super. LEXIS 3098 (Pa. Ct. App. 1980).

Opinions

MONTGOMERY, Judge:

The instant appeal arises from a civil commitment ordered by the Allegheny County Court of Common Pleas. The commitment order followed an initial emergency commitment under § 302 of the Mental Health Procedures Act of 1976,1 and directed the Appellant, a minor, to undergo extended involuntary inpatient psychiatric treatment pursuant to § 303 of the Act.2 In issuing the order, the lower court reversed a decision of a Mental Health Review Officer, who dismissed the petition for extended involuntary treatment which had been filed by the Appellee, Allegheny County Mental Health and Retardation Program (hereinafter referred to as “MH/MR”). The Mental Health Review [542]*542Officer apparently based his dismissal order on a finding that the § 303 petition had not been timely filed.3 The Appellant now argues that the lower court’s reversal of the Review Officer, and order extending the commitment, were erroneous.

The initial question presented by this appeal is whether the issue of the propriety of the commitment is moot either because the Appellant has been discharged from treatment or because of corrective amendments to the 1976 Act under which Appellant was committed. Both parties to the appeal agree that a discharge of an individual from an involuntary commitment does not automatically make moot the question of the legality of the commitment. See Wolfe v. Beal, 477 Pa. 477, 384 A.2d 1187 (1978); Commonwealth ex rel. Platt v. Platt, 266 Pa.Super. 276, 404 A.2d 410 (1979); Commonwealth ex rel. Bielat v. Bielat, 257 Pa.Super. 446, 390 A.2d 1321 (1978). The Appellee, however, argues that the impact and degree of stigma associated with a commitment should be evaluated in deciding whether the discharge of the committed party has made moot the question of the legality of the commitment.

If we were to adopt the Appellee’s argument, we would be creating entirely new standards in the law as it pertains to the expungement of records of improper commitments. The Appellee would have the courts examine and weigh, in each case, the degree of personal stigma suffered by each individual who challenges a prior commitment, in order to determine whether the issue might be dismissed on the ground of mootness. We will not insert such a new procedural step and substantive ground in the law applicable in this type of case. While we note that there is a brief discussion and [543]*543rejection of a similar argument in a footnote to a Concurring and Dissenting Opinion by Judge Spaeth in Commonwealth ex rel. Platt v. Platt, 266 Pa.Super. at 294, 404 A.2d at 419 (fn. 3 to Concurring and Dissenting Opinion), we find no applicable precedent which would justify the insertion of such a standard in our law. The Supreme Court held in Wolfe v. Beal, supra, that the continued existence of records of a mental commitment poses a threat to a person’s reputation. There is no suggestion in that case, or any other case we have examined, that each individual’s reputation must be studied to determine whether it may preclude an appeal after an allegedly illegal commitment. We therefore decline Appellee’s request that we find this appeal to be moot, based upon any evaluation of the relative harm to the Appellant’s reputation.4

The Appellee also argues that the issues raised on this appeal may be determined to be moot because of intervening changes in the law.5 In this regard, the Appellee addresses attention to the Appellant’s procedural argument concerning the timeliness of the commitment hearing. We will address the Appellant’s procedural contentions later in this Opinion. However, without regard to the merits of the Appellant’s procedural claims, we find no validity to the contention that an intervening change in the law regarding mental commitment procedures can render moot an appellant’s attempt to secure expungement of records of a commitment suffered under alleged defective procedures, even if such procedures have since been changed.

The Appellee, in raising this argument, cites for authority In Re Gross, 476 Pa. 203, 382 A.2d 116 (1978). In that case [544]*544the petitioner sought injunctive relief from the continued and future administration of medication to him without his consent. By the time the appeal reached the Supreme Court, the petitioner had been discharged and was under the care of his own physician. Further, new legislation had been passed while the appeal was in process, and it addressed the circumstances of which the petitioner complained. The Supreme Court, in these particular circumstances, determined that there was no danger of a repetition of the conduct the petitioner sought to enjoin, and held that the case was moot. In Re Gross is clearly distinguishable from the instant appeal, where the Appellant does not seek to enjoin conduct which is not likely to reoccur, but rather asks for the expungement of a record created and existing as a result of a former procedure that was allegedly unlawful. A later change in the law totally resolved the problem faced by the petitioner in In Re Gross; in the instant case, the change in procedure had no effect upon the Appellant’s record. Thus, we reject the contention that 1978 amendments to the Act under which Appellant was earlier committed operated to make moot her request for expungement due to procedural defects in the commitment.

On the instant appeal, the Appellant raises two arguments to support her request for expungement of the record. Her first claim is that she was not afforded her procedural rights because a hearing on the Appellee’s § 303 petition for extended treatment was not timely held. The Appellee argues that this contention was waived because it was not preserved by specific objection in the lower court. We must agree with the Appellee.

The record shows that during the course of hearings before the lower court judge, the Appellant’s counsel never specifically argued that the hearing had not been timely held within twenty-four hours of the filing of the petition for extended emergency care, as required by § 303(b) of the Act. Rather, the Appellant’s counsel either contended, in general, that the procedures of the Act were not followed, or argued specifically that the petition for extended treatment [545]*545was not timely filed within the initial seventy-two (72) hour emergency commitment as required by § 302. The only mention of a hearing in the transcript of proceedings before the lower court is a mere statement by counsel, rather than an argument for reversal, that the hearing had to be held within the initial three day period of commitment, presumably referring to the initial emergency commitment period of seventy-two hours under § 302. in an Application for Supersedeas filed with our Court simultaneous with the filing of the instant appeal, the Appellant’s counsel notes clearly the claim that the § 303 petition was not timely filed. There is no reference to the contention that a hearing was not held within 24 hours after the petition was filed.

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Bluebook (online)
421 A.2d 853, 280 Pa. Super. 539, 1980 Pa. Super. LEXIS 3098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-s-c-pasuperct-1980.