Walters v. PSRB

Under ORS 161.351(1) and ORS 161.346(1)(a), the Psychiatric Security Review Board (PSRB) must discharge a person from its jurisdiction upon finding, by a preponderance of the evidence, that the person is no longer affected by a qualifying mental disorder. Nevertheless, an agency finding must be supported by substantial evidence of which a reasonable person could make the same conclusion when viewing the entire record.

Petitioner sought judicial review of PSRB's final order continuing him under its jurisdiction. Petitioner assigned error to the PSRB's finding that he continued to be affected by a qualifying mental disorder, arguing that he was entitled to discharge. The Court agreed with Petitioner, ruling that the PSRB's order was erroneous because it failed to meet the substantial evidence standard which agencies must abide by in decision-making.The Court reasoned that the PSRB's finding that Petitioner had an adjustment disorder with depressed mood relied entirely on historical treatment notes authored by a psychiatrist who had since concluded the disorder had resolved. At the hearing, the Petitioner's entire treatment team unanimously testified that Petitioner no longer had a qualifying mental disorder. Although the PSRB was not required to accept the treatment providers’ opinions, its contrary finding still had to be supported by evidence in the record of which a reasonable person could also conclude when viewing the entire record. ORS 183.482(8)(c). Because the PSRB relied on historical, resolved diagnoses and there was no evidence of a current qualifying mental disorder, the Court held that its finding was not supported by substantial evidence. Reversed and remanded.