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In re R.L.W.

Court of Appeals of Oregon

December 24, 2014

In the Matter of R. L. W., Alleged to be a Person with an Intellectual Disability. STATE OF OREGON, Respondent,
v.
R. L. W., Appellant

Submitted November 7, 2014.

Yamhill County Circuit Court. 13CC00231. Cynthia L. Easterday, Judge.

Susan D. Isaacs filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Carolyn Alexander, Senior Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and Lagesen, Judge, and Flynn, Judge.

OPINION

Page 846

[267 Or.App. 726] DUNCAN, P. J.

Pursuant to ORS 427.290, set out below, the circuit court committed appellant to the custody of the Oregon Department of Human Services for a period not to exceed one year. Appellant appeals, arguing that there is insufficient evidence in the record to support the commitment. We affirm.

ORS 427.290 authorizes a court to commit a person for care, treatment, or training upon determinations that (1) the person has an intellectual disability, (2) because of the intellectual disability, the person is either (a) " dangerous to self or others" or (b) " unable to provide for * * * personal needs" and " not receiving care as is necessary for the health, safety, or habilitation of the person[,]" and (3) neither voluntary treatment and training nor a conditional release is in the person's best interest.[1] For the [267 Or.App. 727] purposes of ORS 427.290, " intellectual disability" is defined bye ORS 427.005(10), which provides:

Page 847

" (a) 'Intellectual disability' means significantly subaverage general intellectual functioning, defined as intelligence quotients under 70 as measured by a qualified professional and existing concurrently with significant impairment in adaptive behavior, that is manifested before the individual is 18 years of age.
" (b) An individual with intelligence quotients of 70 through 75 may be considered to have an intellectual disability if there is also significant impairment in adaptive behavior, as diagnosed and measured by a qualified professional.
" (c) The impairment in adaptive behavior must be directly related to the ...

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