State v. S. A. R.

“A person is ‘dangerous to self’ for [the] purposes [of ORS 426.005(1)(f)(A)] if the person’s mental disorder puts her at a non speculative risk of serious physical harm or death in the near future, absent commitment.” State v. S.E.R., 297 Or App 121, 122, 441 P3d 254 (2019).

Appellant appealed a judgment that civilly committed her to the care of the Oregon Health Authority under ORS 426.103 and ORS 426.005. Appellant argued that there was a lack of evidence to demonstrate commitment under ORS 426.140(1)(a)(C) and (2). “A person is ‘dangerous to self’ for [the] purposes [of ORS 426.005(1)(f)(A)] if the person’s mental disorder puts her at a non-speculative risk of serious physical harm or death in the near future, absent commitment.” State v. S.E.R., 297 Or App 121, 122, 441 P3d 254 (2019). The Court held that the evidence was insufficient to show that Appellant would act the same outside of the commitment context because the state produced no evidence regarding Appellant’s behavior before hospitalization. Appellant’s conduct within the hospital setting as a guide for how she would act outside of the hospital was too speculative and the only evidence that Appellant was a danger to herself or others occurred after admission. Reversed.