- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Commitment
- Date Filed: 08-19-2020
- Case #: A163450
- Judge(s)/Court Below: Powers, J. for the Court; Ortega, P.J., & Egan, C.J.
- Full Text Opinion
Appellant appealed her commitment, which placed her in the custody of OHA. Appellant assigned error to the trial court not having sufficient evidence to show that, under 426.005(1)(f)(B), “she was unable to provide for her basic needs,” and any challenges to caring for herself were not from mental illness. “The state must prove a causal connection between appellant’s mental disorder and her inability to provide for her basic needs.” State v. M. G., 147 Or App 187, 192, 935 P2d 1224 (1997). The Court found that the statute for commitment was amended in 2015 to require “serious physical harm in the near future.” Under these amendments, the evidence from the state was not adequate to meet the standards for commitment. Reversed.