State v. S.E.R.

To civilly commit a person under ORS 426.005, “the evidence must supply a concrete and particularized ‘foundation for a predication of future dangerousness,’” to themselves or others, absent commitment. State v. S.R.J., 281 Or App 741, 748, 754-55, 386 P3d 99 (2016).

Appellant appealed a judgment civilly committing her to the custody of the Oregon Health Authority for up to 180 days on the ground that she has a mental disorder that makes her dangerous to herself and others. On appeal, Appellant argued that the evidence was insufficient to demonstrate that, because of her mental disorder, she presented the sort of danger to herself or others that permitted commitments under ORS 426.130(1)(a)(c) and (2). To civilly commit a person under ORS 426.005, “the evidence must supply a concrete and particularized ‘foundation for a predication of future dangerousness,’” to themselves or others, absent commitment. State v. S.R.J., 281 Or App 741, 748, 754-55, 386 P3d 99 (2016). The Court found that the State’s evidence showing Appellant’s conduct of threatening harm to herself and staff members was insufficient to show that she had actually placed herself or others in danger prior to hospitalization and that the conduct was anything other than reactive to the conditions of the hospitalization. Thus, the Court held that although Appellant was in need of further treatment at the time of the hearing, the evidence did not permit the conclusion that absent commitment, it was highly probable that her mental disorder put her at risk of serious physical harm to herself or others. Reversed.