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In re Michael B.
State: Maryland
Court: Court of Appeals
Docket No: 52/96
Case Date: 04/07/1997
Preview:IN THE COURT OF APPEALS OF MARYLAND No. 52 September Term, 1996 ___________________________________

IN RE: MICHAEL B.

___________________________________ Bell, C.J. Eldridge Rodowsky Chasanow Karwacki Raker Wilner, JJ.

___________________________________ PER CURIAM ORDER ___________________________________ FILED: April 7, 1997

* * IN RE: MICHAEL B. * * *

IN THE COURT OF APPEALS OF MARYLAND No. 52 September Term, 1996

PER CURIAM ORDER
On July 26, 1996, this Court, on its own motion, issued a writ of certiorari to the Court of Special Appeals to address questions related to whether a juvenile court has authority to compel a noncustodial parent to visit her off-spring and to order that party, under penalty of contempt, to undergo counseling for the benefit of the child. Michael B., the minor child who is the subject of this case, was removed from the custody of the appellant, Carline T., his mother, on April 27, 1994. For a period, the custody order Subsequently, however,

prohibited her visitation with Michael B.

having conducted a review hearing on October 12, 1994, the court modified the order to permit such visitation. Thereafter, at a

subsequent review hearing, held on November 1, 1995, the appellant was ordered, over her objection, to undergo counseling and to visit with Michael B., the court having determined that both were in the

best interest of the child.

Failure to comply with the counseling

order, the court told her, would subject her to being held in contempt.

After this court granted certiorari, but before the appellee Montgomery County Department of Social Services filed its brief and prior to oral argument in this Court, the juvenile court entered an ORDER FOR CINA CLOSURE. By that order, the court rescinded its

jurisdiction over Michael B. That order also rendered this case moot, since, at this time, "there is no longer an existing controversy between the parties, so that there is no longer any effective remedy which the court can provide." Attorney Gen. v. A.A. Co. School Bus, 286 Md. 324, 327, Moreover, although the issues for which

407 A.2d 749, 752 (1979).

we granted certiorari involve matters of public concern, in this case, "there is no imperative or manifest urgency to establish a rule of future conduct." Id. at 328, 407 A.2d at 752-53.

NOW, THEREFORE, it is this _____ day of April, 1997,

ORDERED,

by

the

Court

of

Appeals

of

Maryland,

that

the

judgment of the District Court of Maryland sitting in Montgomery County as Juvenile Court be, and it is hereby, vacated. See Balt.

v. Comm. On Legislative Invest., 341 Md. 23, 25, 668 A.2d 33, 34 (1995); A.A. Co. School Bus, supra, 286 Md. at 330, 407 A.2d at

753.

See also Maryland Rule 8-602(a)(10).

Costs in the District

Court and in this Court to be paid by the appellee.

_____________________________ Chief Judge

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