In the Matter of J.M., __ N.C.App. __

Facts: The court entered a Level 2 disposition after adjudicating the juvenile delinquent. The dispositional order included placement of the juvenile into the temporary custody of the Cumberland County Department of Social Services (CCDS). CCDS timely appealed the part of the dispositional order that placed the juvenile into its custody. Two months after entering the order of disposition, the court entered a permanency planning order that removed CCDS as the custodian for the juvenile. The juvenile was placed in the temporary custody of her grandmother pending disposition of the appeal. The grandmother’s custody would become permanent after the resolution of the appeal. The State moved to dismiss the appeal as moot.

Opinion: The only issue on appeal was the part of the dispositional order that granted custody of the juvenile to CCDS. Because custody had already been removed from CCDS, the relief sought was already obtained. Therefore, the case is moot. The two raised exceptions to the mootness doctrine did not apply.

First, the public-interest exception does not apply because the interests at issue are confined to CCDS, the juvenile, and the juvenile’s grandmother and not the public. In addition, resolution of this case would not clarify the law as the legal standards for dispositional orders are clear.

Second, the issue is not capable of repetition yet evading review. This is true because juvenile custody cases are not necessarily too fleeting to be litigated before the controversy ends. Courts often review juvenile custody matters. Because the issue is not too fleeting to be litigated before the controversy ends, the court does not need to determine if there is a reasonable expectation that the complaining party will be affected by the same conduct again.

The court lacks jurisdiction because the issue is moot and there is no applicable exception to the mootness doctrine. The case is dismissed.