State v. S.T.

Under ORS 426.005(1)(f)(B), a person has a mental illness if, because of a mental disorder, the person is “[u]nable to provide for basic personal needs that are necessary to avoid serious physical harm in the near future, and is not receiving such care as is necessary to avoid such harm.”

Appellant appealed for reversal of an order that continued his commitment to Oregon Health Authority for an additional 180 days. Appellant assigned error to the determination that Appellant’s mental disorder had left him unable to provide for his basic needs outside a hospital setting. On appeal, Appellant argued that the record did not support a determination that his mental disorder left him unable to provide for his basic needs. In response, the State argued that his mental disorder made him a danger to himself and others and that he could not provide for his basic needs. Under ORS 426.005(1)(f)(B), a person has a mental illness if, because of a mental disorder, the person is “[u]nable to provide for basic personal needs that are necessary to avoid serious physical harm in the near future, and is not receiving such care as is necessary to avoid such harm.” The Court held that there no evidence established “how appellant’s inability to make plans for obtaining housing or healthy food will, ‘in the near future,’ lead to appellant suffering ‘serious physical harm.’” Reversed.