In re Whatley, 224 N.C. App. 267

Respondent Posha Whatley was involuntarily committed on 5 January 2012 at Presbyterian Hospital based on Dr. Amishi Shah's affidavit alleging bipolar disorder, psychosis, danger to self, and need for inpatient treatment.
A magistrate issued a court order the same day finding reasonable grounds and temporarily committing Whatley for examination and treatment pending a district court hearing.
Whatley was evaluated three times before the district court hearing: 6 January (Ibanez) finding danger to self and recommending 30 days inpatient; 12 January (Shah) finding paranoia and need for inpatient stabilization; 18 January (Shah) recommending inpatient stay with 15 days rather than 30.
At the 18 January 2012 hearing, the court ordered Whatley involuntarily committed for up to 15 days inpatient and then up to 90 days outpatient.
On 30 January 2012, a request to extend commitment was mooted when Whatley consented to inpatient treatment beyond the 15 days; the trial court stayed further action and Whatley timely appealed the 18 January 2012 order.
The appellate court held that the trial court's findings were insufficient to support either danger to self or danger to others and reversed and remanded for additional findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the findings support danger to self	Whatley contends the findings fail to show a reasonable probability of serious debilitation	Court argues the findings show mental illness and current danger	Findings insufficient; remand for additional findings
Whether the findings support danger to others	Whatley argues no nexus between past conduct and future danger to others	Court's findings indicate dangerousness to others	Findings insufficient; remand for additional findings
Whether incorporation of Dr. Shah's report was adequate	Whatley challenges incorporation of the latest report	Court purportedly incorporated the report as basis for findings	Even assuming incorporation, order inadequate; remand for further findings

In re Mackie, 36 N.C. App. 638 (1978) (appeal of commitment not moot after discharge)
In re Webber, 201 N.C. App. 212 (2009) (appeal not moot when may affect future commitment or collateral consequences)
In re Collins, 49 N.C. App. 243 (1980) (trial court must record facts supporting its ultimate findings)
In re Booker, 193 N.C. App. 433 (2008) (incorporation of physician's report into order; last report presumed incorporated)
In re Zollicoffer, 165 N.C. App. 462 (2004) (binding findings on appeal; use of incorporated reports)
In re Monroe, 49 N.C. App. 23 (1980) (dangerousness to others may support commitment if future dangerousness shown)