State v. M.A.E.

"A person meets the 'basic needs' definition of a '[p]erson with mental illness' under ORS 426.005(1)(f)(B) if the person is unable to provide for his or her basic personal needs in a way that leaves that person at nonspeculative risk of 'serious physical harm' - meaning that the person's safe survival will be compromised - in the near future, even though that risk is not imminent." State v. M. A. E., 299 Or App 231, 240 (2019).

Appellant appealed an order to continue her commitment to the Oregon Health Authority for an additional period, not to exceed 180 days. Appellant assigned error to the trial court's finding that Appellant was "unable to provide for her basic needs" under ORS 426.005(1)(f)(B). On appeal, Appellant argued that the evidence in the record was insufficient to support a determination that Appellant would be unable to provide for her basic needs at the time of the hearing. In response, the State argued that the evidence on the record was sufficient to meet the legal standard found in the current version of ORS 426.005(1)(f)(B). "A person meets the 'basic needs' definition of a '[p]erson with mental illness' under ORS 426.005(1)(f)(B) if the person is unable to provide for his or her basic personal needs in a way that leaves that person at nonspeculative risk of 'serious physical harm' - meaning that the person's safe survival will be compromised - in the near future, even though that risk is not imminent." State v. M. A. E., 299 Or App 231, 240 (2019). The Court held that the record demonstrated if Appellant were released from the hospital, she would consequently stop taking medication and thus begin to decompensate psychiatrically, which would lead to Appellant becoming more psychotic and becoming accusatory, agitated, and violent, which would then lead to homeless shelters refusing to provide Appellant with a place to sleep and food. Therefore, the inability to obtain food and a place to sleep, especially in bad climate, would put Appellant at risk of suffering serious physical harm which would comprise her ability to safely survive outside of the institution.
Affirmed.