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STATE v. B.C.

M0809082; A140314.

233 P.3d 445 (2010)

235 Or. App. 412

In the Matter of B.C., Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. B.C., Appellant.

Court of Appeals of Oregon.

Decided June 2, 2010.

Attorney(s) appearing for the Case

Gay Canaday filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Karla H. Ferrall, Assistant Attorney General, filed the brief for respondent.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Appellant appeals a judgment committing her to the Mental Health Division of the Department of Human Services under ORS 426.130. That statute allows commitment if a person is "[m]entally ill based upon clear and convincing evidence." ORS 426.130(1)(b). A "`[m]entally ill person'" is a "person, who, because of a mental disorder" is "dangerous to self or others," is "unable to provide for basic personal needs and is not receiving such care as is necessary...

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