IN RE CROUCH

1. Appeal and Error 9 — commitment to mental health facility — appeal — mootness Appeal of a person involuntarily committed to a mental health care facility was not moot although the commitment period had expired.

2. Insane Persons 1 — commitment order — failure to record facts Order committing respondent to a mental health care facility was erroneous where the court failed to record the facts which support its findings as required by G.S. 122-58.7(i).

MARTIN, Judge.

While it is clear from the record that the commitment period of ninety days has expired, this appeal is not moot. See In re Carter, 25 N.C. App. 442, 213 S.E.2d 409 (1975), and In re Mostella, 25 N.C. App. 666, 215 S.E.2d 790 (1975).

G.S. 122-58.7(i) provides: "To support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, and imminently dangerous to himself or others. The court shall record the facts which support its findings. (Emphasis added.)" In this case the commitment order is erroneous on its face since it fails to record the facts which support its findings as required by statute.

For the reasons stated, the order appealed from is

Reversed.

Judges MORRIS and PARKER concur.