State v. M.B.

"Under the current standard, 'serious physical harm' means a nonspeculative threat that the person will not safely survive without treatment, and 'in the near future' means something less immediate than 'imminent' but not so attenuated from present circumstances as to render it speculative." State v. M.A.E., 299 Or App 231, 239-40, 237 448 P3d 656 (2019).

Appellant appealed the basis of her civil commitment. Appellant assigned error to the trial court's finding that she unable to provide for her basic needs. On appeal, Appellant challenged the evidence offered to meet the burden of ORS 426.130(1)(a)(C) to civilly commit her.  In response, the State argued that Appellant’s condition in the hospital,  in being “dirty, hungry, and thin… and that she lacked any organized post-release plan” satisfied the burden to prove that Appellant was a person with a mental illness who was unable to provide for her personal needs. "Under the current standard, 'serious physical harm' means a nonspeculative threat that the person will not safely survive without treatment, and 'in the near future' means something less immediate than 'imminent' but not so attenuated from present circumstances as to render it speculative." State v. M.A.E., 299 Or App 231, 239-40, 237 448 P3d 656 (2019). The Court looked at the evidence as a whole to conclude that the State failed to point to “any specific threat to appellant’s well-being." This alone does not meet the burden of ORS 426.130(1)(a)(C) to civil commit a person. Reversed.