State v. T.Y.

Under ORS 426.005(1)(f), to establish that a person is dangerous to self “the state must present evidence that the person’s mental disorder would cause him or her to engage in behavior that is likely to result in physical harm to himself or herself in the near term.” State v. B.B., 240 Or App 75, 82 (2010).

Appellant sought reversal of a judgment of involuntary commitment based on the court's finding that he was a danger to himself, due to a mental disorder. On appeal, Appellant contended the state failed to establish clear and convincing evidence he was a danger to himself. Under ORS 426.005(1)(f), to establish that a person is dangerous to self “the state must present evidence that the per- son’s mental disorder would cause him or her to engage in behavior that is likely to result in physical harm to himself or herself in the near term.” State v. B.B., 240 Or App 75, 82 (2010). In this case, the evidence was legally insufficient to support involuntary commitment because appellant sought help and did not actually kill himself. Further, he had not engaged in past suicide attempts. The evidence did not show a particularized and highly probable threat to his survival. Therefore, the trial court erred in committing him because the evidence was legally insufficient to establish the appellant was a danger to himself. Reversed.