- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Commitment
- Date Filed: 07-28-2021
- Case #: A171312
- Judge(s)/Court Below: Lagesen, P.J. for the Court; James, J. & Kamins, J.
- Full Text Opinion
Appellant appealed her commission to the custody of the Mental Health Division for a period not to exceed 180 days. Appellant assigned error to the trail court’s decision, alleging that the State failed to establish sufficient proof to show that she should be committed. In response, the State asserted that Appellant's neglect of her medical treatment sufficiently demonstrate her inability to care for herself. In order to demonstrate that an individual in incapable of caring for their own wellbeing, the State must "prove that the person 'is unable to provide for his or her basic personal needs in a way that leaves the person at nonspeculative risk of serious physical harm—meaning that the person's safe survival will be compromised—in the near future.'" State v. R. L. M., 309 Or App 545, 548-49(2021) (quoting State v. M. A. E., 299 Or App 231, 240 (2019)). Because the State failed to produce evidence as to the Appellant's medical conditions or the risks of her neglect of treatment, it failed to satisfy this burden of proof. Reversed.