State v. A.B.K.

ORS 426.005(1)(f), provides, in part: “‘Person with mental illness’ means a person who, because of a mental disorder, is one or more of the following: “(A) Dangerous to self or others.”

Defendant appealed a judgment committing him to the custody of the Mental Health Division for a period not to exceed 180 days and an order prohibiting him from possessing firearms. Defendant assigned error to this commitment because the record lacked clear and convincing evidence that he was a person with a mental health issue. Defendant argued that his diagnosis of autism spectrum disorder was a developmental disorder not a mental health disorder. ORS 426.005(1)(f), provides, in part: “‘Person with mental illness’ means a person who, because of a mental disorder, is one or more of the following: “(A) Dangerous to self or others.” The Court found that the legislature did not intend to include developmental disorders like autism spectrum disorder to be considered mental disorders. Further, there was no additional evidence on the record that supported the idea that the Defendant had a mental disorder. Reversed.