In the Matter of S. R., Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent,
S. R., Appellant
Submitted October 15, 2014.
Yamhill County Circuit Court. 14CC00072. Carroll J. Tichenor, Judge.
Garrett A. Richardson and Multnomah Defenders, Inc., filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Inge D. Wells, Senior Assistant Attorney General, filed the brief for respondent.
Before Lagesen, Presiding Judge, and Hadlock, Judge, and Wollheim, Senior Judge.
[267 Or.App. 619] LAGESEN, P. J.
Appellant seeks reversal of an order of involuntary commitment under ORS 426.130. The trial court entered the order based on its conclusions that appellant was a danger to herself and that she was unable to meet her basic needs as a result of her poor hygiene, weight loss, and resistance to medications. On appeal, we view the evidence in the light most favorable to the trial court's decision, and we review for legal error the trial court's determination that the evidence is legally sufficient to support appellant's civil commitment. State v. A.D.S., 258 Or.App. 44, 45, 308 P.3d 365 (2013). Applying that standard, we reverse the order of commitment.
As an initial matter, the state concedes that the evidence is legally insufficient to support the trial court's determination that appellant is a danger to herself. Based on our review of the record, we accept the state's concession on that point. The remaining question is whether the evidence is legally sufficient to support the trial court's determination that appellant is unable to meet her basic needs. As we have explained,
" [t]he legislature's 'basic needs' commitment standard focuses on the capacity of the individual to survive, either through his own resources or with the help of family or friends. The state must establish by clear and convincing evidence that the individual, due to a mental disorder, is unable to obtain some commodity ( e.g., food and water) or service ( e.g., life-saving medical care) without which he cannot sustain life."
State v. Bunting, 112 Or.App. 143, 145, 826 P.2d 1060 (1992). Thus, to support a basic-needs commitment, the state's evidence must demonstrate that a person's inability to meet his or her own basic needs as a result of a mental disorder makes it likely that the person
will not survive in the near term. Id. at 146; A.D.S., 258 Or.App. at 48.
Here, the evidence presented by the state does not meet that standard. What is missing from the record is evidence that would permit the conclusion that appellant's near-term survival was at risk at the time of the civil commitment hearing. Although the evidence supports the trial [267 Or.App. 620] court's finding that appellant's mental disorder has rendered her unable to maintain her home or her person in a clean and hygienic condition, as demonstrated by the fecal matter on the walls and surfaces of her apartment and under her fingernails, there is no evidence that appellant's hygiene problems created a likelihood the she would not survive in the near term. The most that can be concluded or inferred from the evidence in this record is that appellant's hygiene practices posed a health risk of indeterminate magnitude because of the bacteria ...