- Court: Oregon Court of Appeals
- Area(s) of Law: Disability Law
- Date Filed: 12-26-2024
- Case #: A183465
- Judge(s)/Court Below: Tookey, Lagesen, Kamins
- Full Text Opinion
The appellant here asserts that the “Supplemental Judgment of Continued Commitment" to continue her basic needs while in custody of the Mental Health Division of the Oregon Health Authority should be reversed because she claims that she is no longer a person with a mental illness in need of further treatment as required by ORS 426.130. The Oregon Court of Appeals found that where there is sufficient evidence to show that a person would be at risk of serious physical harm if released, continued commitment to state psychiatric care is permitted. Here, based on the available evidence, the court found that the appellant would not be able to take care of herself should she be released from custody and that her survival would be at risk. Therefore, the court affirmed the trial court's decision.