State v. V.T.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 03-15-2017
  • Case #: A161690
  • Judge(s)/Court Below: Flynn, J. for the Court; Sercombe, P.J.; & DeHoog, J.
  • Full Text Opinion

Under ORS 426.307(6), continued involuntary civil commitment is appropriate if there is clear and convincing evidence of a particularized and highly probable threat to a person's safety.

Appellant appealed a continued involuntary civil commitment. She was found to be a danger to herself and subsequently placed under custody of the Oregon Health Authority. The trial court continued the civil commitment based on clear and convincing evidence that Appellant was "still a person with mental illness." ORS 426.307(6). On appeal, Appellant argued the evidence produced at trial was speculative. The Court agreed with the trial court's reasoning that a particularized and highly probable threat to Appellant's safety was still present because Appellant posed a substantial harm to herself and the public. Affirmed. 

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