State v. M.J.F.

For a person to be found a danger to self under ORS 426.005(1)(f), they must have a mental disorder, and as a result, that disorder causes them to engage in behavior likely to result in harm to self in the near future. A present intent to commit suicide coupled with actions demonstrating that the mental disorder has resulted in harm to self is sufficient to show a danger to self.

Petitioner appealed an order of civil commitment to the authority of the Oregon Health Authority for up to 180 days. Petitioner argued that the trial court erred when it found he was a danger to himself and others. Petitioner asserted the evidence was not “extraordinarily persuasive” to prove that he presented a danger to himself because statements regarding access to firearms lacked corroboration. For a person to be found a danger to self under ORS 426.005(1)(f), they must have a mental disorder, and as a result, that disorder causes them to engage in behavior likely to result in harm to self in the near future. A present intent to commit suicide coupled with actions demonstrating that the mental disorder has resulted in harm to self is sufficient to show a danger to self. The court found that there was sufficient evidence to support the trial court’s decision, because the petitioner frequently discussed suicide, had a specific plan to commit suicide once he left the hospital, and had attempted suicide previously by drug overdose. Affirmed.