State v. M. C.
State v. M. C.
Opinion of the Court
Appellant appeals from an order of involuntary mental commitment pursuant to ORS 426.130. On appeal, he challenges the sufficiency of the evidence to commit him. We review de novo, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), and reverse.
The trial court found that appellant was not dangerous to himself or to others as a result of his mental disorder. However, the court concluded, “Based upon his inability to deal with his moods; his obvious poor judgment; I would say he could not safely survive. And I really am hesitating, [M], because you’re one of the nicest guys I have dealt with here in the hospital.”
ORS 426.130(1)(b) requires that, before a court can commit a person involuntarily, the court must find that the person is mentally ill “based upon clear and convincing evidence.” In State v. King, 177 Or App 373, 377, 34 P3d 739 (2001), we defined clear and convincing evidence as “evidence that makes the fact in issue highly probable.” ORS 426.005(1)(d) provides that a “ ‘[m]entally ill person’ means a person who, because of a mental disorder, is * * * (B) [u]nable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.” Here, the state must prove that it is highly probable that appellant is unable to provide for his own basic needs.
In State v. Puha, 208 Or App 453, 463, 144 P3d 1044 (2006), we reiterated the principle that, to meet the “basic needs” standard imposed by the legislature, there must be an imminent threat to health and safety, i.e., the state must show by clear and convincing evidence that, at the time of the hearing, the likelihood exists that the person probably will not survive in the near future because the person is unable to provide for basic personal needs.
Here, the evidence shows that, just prior to his hospitalization, appellant had gone to Pendleton to work on a vehicle that had belonged to his deceased father. While there, he stayed in a motel for a few nights paid for by the Salvation Army. Thereafter, appellant stayed on the street for a period of days before he was taken to a hospital emergency room.
After being returned from Roseburg to a Portland hospital, appellant met with an interviewer. During the interview, appellant became angry. He wanted to be released, and the interviewer wanted him to stay in the hospital. The interviewer described what happened next:
“[I]t progressed to the point with me where my better judgment told me I need[ed] to leave, I need[ed] to be out of there. I did feel threatened. I mean, we were sitting at this tablet,] and at one point he got up and we were kind of squared off. That’s the wrong word. We weren’t squared off, we were face-to-face. And then he turned away. But, it just — you know, I wasn’t sure what was going to happen. It was unpredictable.
“That’s my concern. I think when he gets in that phase, it’s unpredictable what he might do.”
On cross-examination, the interviewer testified that appellant is a 22-year-old high school graduate who has an income from Social Security that exceeds $600 per month and receives health benefits as part of his voluntary participation with the Clackamas County Health Department program. At the time of hearing, appellant continued to be eligible for treatment and benefits through the Passport Program. In the interviewer’s opinion, appellant could benefit from mood-stabilizing medication, but none had been offered to him as far as the interviewer was aware. In the interviewer’s opinion and in the opinion of the examiners, appellant was unable to provide for his own basic needs as a result of his mental disorder.
At the time of the hearing, appellant did not have any identification that would permit him access to a shelter
On appeal, the state argues that the above evidence satisfies its burden of proof. According to the state, the evidence demonstrates that appellant had no firm plans as to where he would live if he was discharged and that he was unable to make appropriate decisions in other aspects of his life. The state points to the evidence that appellant destroyed his identification card in a fit of anger, squandered his disability income on drugs, and had chosen to live on the streets in Pendleton for a week during the middle of winter because he would rather “be homeless and live on the road.”
The difficulty with the state’s argument is that ORS 426.005(1)(d) requires more than evidence of speculative threats to safe survival. State v. Bunting, 112 Or App 143, 145, 826 P2d 1060 (1992). Although it is correct that the state need not postpone commitment until the mentally ill person is on the brink of death, the goal of the statute is to authorize involuntary commitment only when an imminent threat to safe survival exists. The only evidence of that kind in the record is evidence of the events that occurred in Pendleton.
Reversed.
Reference
- Full Case Name
- In the Matter of M. C., Alleged to be a Mentally Ill Person. STATE OF OREGON v. M. C.
- Cited By
- 13 cases
- Status
- Published