In re Naomi

Syllabus

The respondent mother appealed to this court, challenging the order of the trial court that permitted her minor child, N, to undergo a nonemergency surgical procedure, despite the mother's objection to it on religious grounds. The mother claimed that the trial court violated her constitu- tional right to direct the health care decisions and religious upbringing of N. After N had been adjudicated uncared for and committed to the care and custody of the Commissioner of Children and Families, she was examined by a physician in 2017 who strongly recommended that she have the surgery. In February, 2020, N's attorney filed a motion on her behalf, seeking the trial court's authorization for the surgery, which the commissioner joined. N, who was seventeen years old at the time, sought to expedite the surgery and to complete her recovery before she entered college. Although a hearing on N's motion had been scheduled for February, 2020, the motion was not heard until October, 2020, in part because of the COVID-19 pandemic. The trial court determined that it was in N's best interest that the court grant the motion, and the surgery was scheduled for January 13, 2021. While her appeal was pending, the mother filed a motion to stay the trial court's order, which the court denied after a hearing on January 4, 2021. This court then considered the mother's emergency motion for expedited review of the trial court's order but denied the relief requested on January 11, 2021, stating that there was then no stay that would prevent the surgery from going forward. After N underwent the surgery on January 13, 2021, the commis- sioner filed a motion with this court to dismiss the mother's appeal on the ground that it was moot. This court denied the motion without prejudice to the parties' addressing the mootness issue in their briefs. On appeal, the mother claimed that, although this court could grant her no practical relief, her appeal came within the exception to the mootness doctrine of L