State v. S.P.

ORS 426.005(1)(f)(A),(B) requires that in involuntary civil commitment proceedings, the state is required to prove, by clear and convincing evidence, that a person is mentally ill and that, because of the illness, the person is a danger to self, a danger to others, or unable to meet the person’s own basic needs.

Appellant sought reversal of a judgment by the trial court civilly committing him to the state mental health authority for a period of less than 180 days. Appellant assigned error to the trial court’s findings that he was (1) dangerous to others; and (2) unable to meet his own basic health and safety needs. Appellant argued that the state failed to establish either ground by clear and convincing evidence. The state argued that the Court ought to affirm the evidentiary sufficiency of the lower court’s findings. Reviewing the evidence on the record for legal sufficiency, the Court found that based on the criteria for making findings under ORS 426.005(1)(f)(A),(B) set out in State v. M. R., 225 Or App 569 (2009), the trial court had erred in both of its principal findings, namely that the appellant was dangerous to others and was unable to meet his own basic health and safety needs. Reversed.