In re a MinorAnnotate this Case
The Supreme Judicial Court vacated the order of the juvenile court committing a juvenile for substance use disorder treatment pursuant to Mass. Gen. Laws ch. 123, 35, holding that the juvenile was committed on insufficient evidence.
After a hearing, the juvenile court judge committed the juvenile for ninety days for treatment. The Supreme Judicial Court vacated the commitment order, holding (1) appeals from an order of commitment pursuant to Mass. Gen. Laws ch. 123, 35 are not moot solely because the individual is no longer committed; (2) taking into account a juvenile's youth necessarily is required as part of the individualized assessment demanded by such petitions; (3) it was not clearly erroneous to find that the juvenile had a substance use disorder; (4) the evidence in the record was insufficient to support a finding of imminent and "very substantial risk of physical impairment or injury" as required by Mass. Gen. Laws ch. 123, 1; and (5) due process requires a judge to consider less restrictive alternatives in all commitment hearings for substance use disorder treatment.