Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. A.D.S.

Summarized by: 

Date Filed: 08-14-2013
Case #: A145406
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145406.pdf

Civil Commitment: A mental commitment order cannot be based on speculation that a person cannot care for their own personal needs, and that a person's needs can be met through their own resources or through the help of another.

A.D.S. appealed a judgment of involuntary civil commitment. A.D.S. had been receiving out-patient services from Central City Concern’s Community Outreach Recovery Engagement team (CORE). CORE took A.D.S. to a hospital because she exhibited loud and erratic behavior. A.D.S. had previously been diagnosed with schizophrenia, and over the past 12 years had lived in multiple structured mental health facilities. ORS 426.130(1)(b)(C) provides that the court may order commitment of an individual to the Oregon Health Authority for treatment if the person is mentally ill based on clear and convincing evidence. ORS 426.005(1)(e) describes a person as “mentally ill” as a person who is unable to provide for basic personal needs and is not receiving the care necessary for health and safety. The trial court ordered involuntary civil commitment of A.D.S. and she appealed. On appeal, A.D.S. provided that she had the proper support from friends and family, and CORE further affirmed that they would continue to help to provide clothing and shelter for her. The Court held that A.D.S’s basic needs may be met through her own resources or with the help of a proper support network. Reversed.