Skip to main content
Find a Lawyer

IN RE: S. H. (2017)

Court of Appeals of Oregon.

IN RE: S. H., a Person Alleged to have Intellectual Disabilities. STATE OF OREGON, Respondent, v. S. H., Appellant.

A164315

Decided: September 01, 2017

Maurice K. Merten, Judge. Before Egan, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief for respondent.

Appellant in this civil commitment case appeals a judgment committing him to the custody of the Department of Human Services for a period not to exceed one year. ORS 427.290. On appeal, appellant contends that the trial court erred in concluding that, due to an intellectual disability, he was unable to provide for his basic needs or was a danger to himself or others. See ORS 427.215 (“For the purposes of ORS 427.235 to 427.290, a person with an intellectual disability is in need of commitment for residential care, treatment and training if the person is either * * * [d]angerous to self or others[,] or * * * [u]nable to provide for the person's basic personal needs and not receiving care as is necessary for the health, safety or habitation of the person.”). The state concedes that the record does not contain legally sufficient evidence to meet the standard for involuntary commitment under ORS 427.290, and that the trial court's order should be reversed. We agree and accept the state's concession.

Reversed.

PER CURIAM

Was this helpful?

Thank you for your feedback!

FindLaw Marketing Authority Suite

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network

IN RE: S. H. (2017)

Docket No: A164315

Decided: September 01, 2017

Court: Court of Appeals of Oregon.

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

For Legal Professionals

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign Up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About The Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard