LAW.coLAW.co

In the Matter of A. K., a Person Alleged to have Mental Illness. STATE of Oregon, Respondent, v. A. K., Appellant.

Court of Appeals of Oregon2018-10-10No. A165370
427 P.3d 233294 Or. App. 385

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM

This is an appeal of two supplemental judgments concerning the civil commitment of appellant. The first supplemental judgment (entered on June 16, 2017) ordered the revocation of appellants outpatient placement because appellant failed to adhere with the terms and conditions of placement. ORS 426.275 (providing for the return of a person to the Oregon Health Authority for involuntary care and treatment on an inpatient basis). Appellant asserts, on an unpreserved basis, that the trial courts citation issued for appellants hearing lacked a return of service and thus appellants right to due process was violated. We reject that assignment without further written discussion. The second supplemental judgment (entered on July 7, 2017) ordered appellant to continued commitment to the Department of Human Services for a period not to exceed 180 days. ORS 426.301 ; ORS 426.303 (providing for further commitment and a hearing if the continued commitment is contested). Appellant claims two errors by the trial court when it recommitted appellant: (1) the trial court erred in finding that appellant was still a person with a mental illness and in need of further treatment and (2) the trial court committed plain error by failing to advise appellant as required by ORS 426.100. The state concedes that the record lacked sufficient evidence to prove by clear and convincing evidence that appellant was a person with a mental illness and in need of further treatment. Because we agree and accept the states concession, we therefore reverse, without reaching appellants ORS 426.100 argument.

Supplemental judgment entered on July 7, 2017, reversed; otherwise affirmed.