State v. C.J.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 11-23-2022
  • Case #: A176929
  • Judge(s)/Court Below: Shorr, P.J. for the Court; Mooney, J.; & Pagán, J.
  • Full Text Opinion

Under ORS 426.130(1)(a)(C), the court “[m]ay order commitment of the person with mental illness to the Oregon Health Authority for treatment if” they find the person has a mental illness and institutional treatment is in their best interest. ORS 426.005(1)(f)(A) explains that “a person with mental illness” means a person who, because of a mental disorder, is dangerous to self or others.

Appellant appealed an involuntary confinement order. Appellant argued that the evidence on the record was insufficient to establish that she had a mental disorder that caused her to be a danger to herself and others. Under ORS 426.130(1)(a)(C), the court “[m]ay order commitment of the person with mental illness to the Oregon Health Authority for treatment if” they find the person has a mental illness and institutional treatment is in their best interest. ORS 426.005(1)(f)(A) explains that “a person with mental illness” means a person who, because of a mental disorder, is dangerous to self or others. The Court found the clear-and-convincing-evidence standard of proof had been met because there was clear evidence that the appellant would likely be a danger to others if not involuntarily committed. Affirmed.

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