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D.T. v. DEPARTMENT OF HUMAN SERVICES

20100200; A145182.

269 P.3d 96 (2011)

247 Or. App. 293

D.T., Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

Decided December 21, 2011.

Attorney(s) appearing for the Case

Beth Englander argued the cause for petitioner. With her on the brief was Disability Rights Oregon.

Douglas F. Zier , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

Petitioner, a patient at the Oregon State Hospital, seeks judicial review of an administrative order entered following a contested case hearing authorizing the hospital to forcibly medicate him with multiple psychotropic drugs. Petitioner argues that the order should be reversed because the Department of Human Services, the agency operating the hospital, (1) did not rebut the presumption that petitioner is competent to make treatment decisions for himself...

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