State v. B.P.C.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 03-16-2016
  • Case #: A158975
  • Judge(s)/Court Below: PER CURIAM

Under ORS 426.130(1)(a)(C), in certain circumstances if a court determines by clear and convincing evidence that a person has a mental illness and is in need of treatment, the court may order commitment of that person.

BPC appealed a court order committing him for a period not to exceed 180 days, based on the trial court’s finding that he was unable to provide for his basic needs due to a mental disorder. BPC argued the evidence was legally insufficient to support that determination, and the State conceded the evidence was insufficient. Reversed.

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