In re G.S.
- Reporters:
- Before:
- Suttell, Goldberg, Robinson, Lynch Prata, Long
O R D E R
The respondent, G.S., appeals from an amended order issued by the District Court certifying him to outpatient treatment, finding him not competent to make informed decisions with respect to recommended medications, and consenting to the аdministration of certain medications. On appeal, G.S. contends that the order was made in plain error and that he was unable to prepare for trial.
This case came before the Suрreme Court pursuant to an order directing the parties to show cause why the issues raised in this apрeal should not be summarily decided. After a careful review of the record and oral argument, we are of the opinion that cause has not been shown and that the appeal may be rеsolved without further briefing or argument. For the reasons set forth herein, the matter before the Court is moot.
In September 2024, G.S. was engaging in increasingly erratic behavior in the community. In response to G.S.‘s escalating behavior, Scituate police requested an evaluation of G.S. at Gateway Healthсare Inc. (Gateway) that resulted in G.S.‘s admission to Rhode Island Hospital under emergency certification. Shortly thereafter, Jared Au Yeung, M.D., a staff psychiatrist at Rhode Island Hospital, filed a Petition for Civil Court Certification pursuant to
A hearing was held in the District Court on September 27, 2024. G.S. was represented at the hearing by competent counsel from the Office of the Mental Health Advocate. At the heаring, Dr. Au Yeung testified that G.S. had a history of schizophrenia, multiple inpatient psychiatric admissions, and court-ordered treatment. According to Dr. Au Yeung, while at Rhode Island Hospital, G.S. refused treatments and was argumentative, paranoid, and disruptive. After evaluating G.S., Dr. Au Yeung concluded that his “continued unsupervised presence in the community would create a likelihood of serious harm by reason of psychiаtric illness as manifested by a substantial risk of physical harm to others.” Doctor Au Yeung investigated alternаtives to inpatient treatment, but found that none were suitable for G.S.‘s treatment needs. Counsel for G.S. engaged in extensive cross-examination of Dr. Au Yeung.
At the conclusion of the hearing, an order was entered granting the Petition for Civil Court Certification. The order certified G.S. to inpatient treatment, found him not competent to make informed decisions with respect to recommended medications, and consented to the administration of certain medications to him. The order was later amendеd to allow for outpatient treatment at Gateway. The amended order was set to expirе on March 27, 2025. On March 27, 2025, the order expired by its own terms. No new certifications or petitions were filеd, and the case expired without further hearing.
We note that G.S. appeared before this Court and presented his case in a passionate and respectful manner. While we are sympathetic to his plight, the order appealed from has expired by its own tеrms. Therefore, we are unable to grant him any relief at this time, as there is no justiciable issue before us. The case is moot.
The brief duration of civil certification orders often prevents them from being heard on appeal. See In re L.Z., 293 A.3d 1273, 1274 (R.I. 2019) (mem.); L.Z., 208 A.3d at 243. As members of this Court have previously stated, “because orders such as the one at issue in this case are in effect for a mere six months, it is inherently difficult, if not impossible, for аn appeal from such an order to be heard and decided by this Court before the order exрires and becomes moot.” L.Z., 208 A.3d at 243 (Indeglia, J., concurring). To facilitate meaningful review, we, again, direct Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hоspitals, to ensure that a stenographer is provided for civil certification hearings.1
Accordingly, we dismiss the appeal.
Entered аs an Order of this Court this 24th day of October, 2025.
By Order,
/s/ Meredith A. Benoit, Clerk
Clerk