426.005
Definitions for ORS 426.005 to 426.390. (1) As used in ORS 426.005 to 426.390, unless the
context requires otherwise:
(a) “Community
mental health program director” means the director of an entity that provides
the services described in ORS 430.630 (3) to (5).
(b) “Director of
the facility” means a superintendent of a state mental hospital, the chief of
psychiatric services in a community hospital or the person in charge of
treatment and rehabilitation programs at other treatment facilities.
(c) “Facility”
means a state mental hospital, community hospital, residential facility,
detoxification center, day treatment facility or such other facility as the
authority determines suitable that provides diagnosis and evaluation, medical
care, detoxification, social services or rehabilitation to persons who are in
custody during a prehearing period of detention or who have been committed to
the Oregon Health Authority under ORS 426.130.
(d) “Licensed
independent practitioner” means:
(A) A physician,
as defined in ORS 677.010;
(B) A nurse practitioner
licensed under ORS 678.375 and authorized to write prescriptions under ORS
678.390; or
(C) A
naturopathic physician licensed under ORS chapter 685.
(e) “Nonhospital
facility” means any facility, other than a hospital, that is approved by the
authority to provide adequate security, psychiatric, nursing and other services
to persons under ORS 426.232 or 426.233.
(f) “Person with
mental illness” means a person described in ORS 426.131 (1).
(g) “Physical
harm” means physical injury, physical pain or other physiological impairment,
other than an injury, pain or impairment that is trivial in terms of pain or
other bodily impact.
(h) “Prehearing
period of detention” means a period of time calculated from the initiation of
custody during which a person may be detained under ORS 426.228, 426.231,
426.232 or 426.233.
(i) “Serious
physical harm” means physical injury, physical pain or other physiological
impairment that places a person at risk of:
(A) Death;
(B) Serious and
irreversible deterioration of health; or
(C) Serious and
irreversible deterioration of any bodily organ.
(2) Whenever a
community mental health program director, director of the facility,
superintendent of a state hospital or administrator of a facility is referred
to, the reference includes any designee such person has designated to act on
the person’s behalf in the exercise of duties. [1961 c.706 §25; 1973 c.838 §1;
1987 c.903 §5; 1989 c.993 §3; 1993 c.484 §11; 2001 c.900 §125; 2007 c.70 §203;
2009 c.595 §381; 2009 c.828 §23; 2011 c.720 §160; 2013 c.360 §15; 2015 c.433 §1;
2015 c.461 §1; 2017 c.356 §47; 2019 c.358 §11; 2025 c.559 §4]
(Facilities)
Notes of Decisions
Cited in
745
cases (
222 in the last 5 years), 1975–2026 · leading case:
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
· cites it 34× “NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
State v. A. B. K., 522 P.3d 894 (Or. Ct. App. 2022).
· cites it 15× “005(1) (defin- ing terms used in ORS 426.005 to 426.390); ORS 426.130 (providing for the civil commitment of a person with mental Cite as 323 Or App 246 (2022) 249 illness).”
State v. S. R. J., 386 P.3d 99 (Or. Ct. App. 2016).
· cites it 6× “Whether the evidence of danger is legally sufficient to support a determination that appellant is “dangerous” for purposes of ORS 426.005(1) is a determination *749 that we review as a matter of law.”
State v. R. L. M., 482 P.3d 201 (Or. Ct. App. 2021).
· cites it 9× “Also, older decisions must be approached with caution, because of the 2016 amendments to ORS 426.005 (1)(f)(B) and the 2009 statutory change to the de novo standard of review.”
State v. M. A., 371 P.3d 495 (Or. Ct. App. 2016).
· cites it 5× “” On appeal, appellant does not dispute that the state presented sufficient evidence to establish that he has a mental disorder, but he does dispute that the state presented sufficient evidence to establish that he was a danger to himself, a danger to others, or unable to…”
State v. M. B., 452 P.3d 1006 (Or. Ct. App. 2019).
· cites it 8× “130(1)(a)(C) and ORS 426.005 (1)(f)(B). We agree with appellant and, accordingly, reverse.”
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
· cites it 14× “Appellant, an allegedly mentally ill person, appeals an order in which the trial court found that she is mentally ill, as defined in ORS 426.005(1)(d), and committed her to the Mental Health Division for a period not to exceed 180 days.”
State v. Jayne, 23 P.3d 990 (Or. Ct. App. 2001).
· cites it 8× “*995 Our previous decisions indicate that the test for establishing mental illness under ORS 426.005 and thereafter committing a person to state custody under ORS 426.”
State v. S. E., 496 P.3d 1140 (Or. Ct. App. 2021).
· cites it 10× “Thus, the evidence was legally sufficient to support the trial court’s determination that appellant was a danger to others within the meaning of ORS 426.005(1)(f)(A). Affirmed. Heidi H. Moawad, Judge.”
O'Neill v. O'Neill, 545 P.2d 97 (Or. 1976).
· cites it 6× “” The court concluded: "THE COURT: * * * We are going to have to get some care and treatment for you [Mr. O’Neill]. "THE COURT: So you will be committed to the State Division of Mental Health.”
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
· cites it 8× “We address each of her arguments in turn. The state had the burden to prove by clear and convincing evidence that appellant was either a danger to herself or others or was unable to care for her basic needs and was not receiving such care.”
State v. C. M. C., 454 P.3d 30 (Or. Ct. App. 2019).
· cites it 5× “As relevant here, a person is subject to involuntary civil commitment if the state proves by clear and convinc- ing evidence that the person is a “[p]erson with mental ill- ness” under the current basic-needs provision, ORS 426.005 (1)(f)(B), and neither release nor conditional…”
— Or. Rev. Stat. § 426.005(1) — 48 cases
State v. S. R. J., 386 P.3d 99 (Or. Ct. App. 2016).
“Whether the evidence of danger is legally sufficient to support a determination that appellant is “dangerous” for purposes of ORS 426.005(1) is a determination *749 that we review as a matter of law.”
State v. M. A., 371 P.3d 495 (Or. Ct. App. 2016).
“” On appeal, appellant does not dispute that the state presented sufficient evidence to establish that he has a mental disorder, but he does dispute that the state presented sufficient evidence to establish that he was a danger to himself, a danger to others, or unable to…”
— Or. Rev. Stat. § 426.005(1)(c) — 3 cases
— Or. Rev. Stat. § 426.005(1)(d) — 77 cases
State v. Jayne, 23 P.3d 990 (Or. Ct. App. 2001).
“*995 Our previous decisions indicate that the test for establishing mental illness under ORS 426.005 and thereafter committing a person to state custody under ORS 426.”
— Or. Rev. Stat. § 426.005(1)(d)(A) — 27 cases
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
“Appellant, an allegedly mentally ill person, appeals an order in which the trial court found that she is mentally ill, as defined in ORS 426.005(1)(d), and committed her to the Mental Health Division for a period not to exceed 180 days.”
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
“We address each of her arguments in turn. The state had the burden to prove by clear and convincing evidence that appellant was either a danger to herself or others or was unable to care for her basic needs and was not receiving such care.”
— Or. Rev. Stat. § 426.005(1)(d)(B) — 18 cases
State v. Jayne, 23 P.3d 990 (Or. Ct. App. 2001).
“*995 Our previous decisions indicate that the test for establishing mental illness under ORS 426.005 and thereafter committing a person to state custody under ORS 426.”
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
“Appellant, an allegedly mentally ill person, appeals an order in which the trial court found that she is mentally ill, as defined in ORS 426.005(1)(d), and committed her to the Mental Health Division for a period not to exceed 180 days.”
— Or. Rev. Stat. § 426.005(1)(d)(C) — 3 cases
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
“Appellant, an allegedly mentally ill person, appeals an order in which the trial court found that she is mentally ill, as defined in ORS 426.005(1)(d), and committed her to the Mental Health Division for a period not to exceed 180 days.”
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
“We address each of her arguments in turn. The state had the burden to prove by clear and convincing evidence that appellant was either a danger to herself or others or was unable to care for her basic needs and was not receiving such care.”
— Or. Rev. Stat. § 426.005(1)(d)(c) — 1 case
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
“Appellant, an allegedly mentally ill person, appeals an order in which the trial court found that she is mentally ill, as defined in ORS 426.005(1)(d), and committed her to the Mental Health Division for a period not to exceed 180 days.”
— Or. Rev. Stat. § 426.005(1)(e) — 26 cases
— Or. Rev. Stat. § 426.005(1)(e)(A) — 17 cases
— Or. Rev. Stat. § 426.005(1)(e)(B) — 13 cases
— Or. Rev. Stat. § 426.005(1)(e)(C) — 1 case
— Or. Rev. Stat. § 426.005(1)(f) — 61 cases
State v. A. B. K., 522 P.3d 894 (Or. Ct. App. 2022).
“005(1) (defin- ing terms used in ORS 426.005 to 426.390); ORS 426.130 (providing for the civil commitment of a person with mental Cite as 323 Or App 246 (2022) 249 illness).”
— Or. Rev. Stat. § 426.005(1)(f)(1) — 1 case
— Or. Rev. Stat. § 426.005(1)(f)(A) — 160 cases
State v. S. E., 496 P.3d 1140 (Or. Ct. App. 2021).
“Thus, the evidence was legally sufficient to support the trial court’s determination that appellant was a danger to others within the meaning of ORS 426.005(1)(f)(A). Affirmed. Heidi H. Moawad, Judge.”
— Or. Rev. Stat. § 426.005(1)(f)(A)(B) — 2 cases
— Or. Rev. Stat. § 426.005(1)(f)(B) — 95 cases
State v. R. L. M., 482 P.3d 201 (Or. Ct. App. 2021).
“Also, older decisions must be approached with caution, because of the 2016 amendments to ORS 426.005 (1)(f)(B) and the 2009 statutory change to the de novo standard of review.”
State v. M. B., 452 P.3d 1006 (Or. Ct. App. 2019).
“130(1)(a)(C) and ORS 426.005 (1)(f)(B). We agree with appellant and, accordingly, reverse.”
State v. C. M. C., 454 P.3d 30 (Or. Ct. App. 2019).
“As relevant here, a person is subject to involuntary civil commitment if the state proves by clear and convinc- ing evidence that the person is a “[p]erson with mental ill- ness” under the current basic-needs provision, ORS 426.005 (1)(f)(B), and neither release nor conditional…”
— Or. Rev. Stat. § 426.005(1)(f)(C) — 9 cases
— Or. Rev. Stat. § 426.005(1)(f)(C)(i) — 1 case
— Or. Rev. Stat. § 426.005(1)(f)(C)(ii) — 1 case
— Or. Rev. Stat. § 426.005(1)(f)(C)(iii) — 1 case
— Or. Rev. Stat. § 426.005(1)(f)(b) — 1 case
— Or. Rev. Stat. § 426.005(2) — 56 cases
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
— Or. Rev. Stat. § 426.005(2)(a) — 13 cases
— Or. Rev. Stat. § 426.005(2)(a)(b) — 1 case
— Or. Rev. Stat. § 426.005(2)(b) — 19 cases
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
— Or. Rev. Stat. § 426.005(2)(c) — 5 cases
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
In Re Caj, 213 P.3d 1279 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 426.005(2)(c)(A) — 2 cases
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
— Or. Rev. Stat. § 426.005(2)(c)(B) — 1 case
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
— Or. Rev. Stat. § 426.005(2)(c)(C) — 1 case
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
— Or. Rev. Stat. § 426.005(2)(c)(D) — 1 case
State v. Brungard, 789 P.2d 683 (Or. Ct. App. 1990).
“NOTES [1] ORS 426.005(2) provides: "(2) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following: "(a) Dangerous to self or others.”
— Or. Rev. Stat. § 426.005(3) — 1 case
— Or. Rev. Stat. § 426.005(d) — 1 case
— Or. Rev. Stat. § 426.005(d)(B) — 1 case
— Or. Rev. Stat. § 426.005(f) — 1 case
— Or. Rev. Stat. § 426.005(f)(A) — 3 cases
— Or. Rev. Stat. § 426.005(l)(c) — 1 case
— Or. Rev. Stat. § 426.005(l)(d) — 62 cases
State v. Jayne, 23 P.3d 990 (Or. Ct. App. 2001).
“*995 Our previous decisions indicate that the test for establishing mental illness under ORS 426.005 and thereafter committing a person to state custody under ORS 426.”
— Or. Rev. Stat. § 426.005(l)(d)(A) — 38 cases
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
“We address each of her arguments in turn. The state had the burden to prove by clear and convincing evidence that appellant was either a danger to herself or others or was unable to care for her basic needs and was not receiving such care.”
— Or. Rev. Stat. § 426.005(l)(d)(B) — 19 cases
State v. Jayne, 23 P.3d 990 (Or. Ct. App. 2001).
“*995 Our previous decisions indicate that the test for establishing mental illness under ORS 426.005 and thereafter committing a person to state custody under ORS 426.”
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
“Appellant, an allegedly mentally ill person, appeals an order in which the trial court found that she is mentally ill, as defined in ORS 426.005(1)(d), and committed her to the Mental Health Division for a period not to exceed 180 days.”
— Or. Rev. Stat. § 426.005(l)(d)(C) — 3 cases
State v. Lott, 122 P.3d 97 (Or. Ct. App. 2005).
“We address each of her arguments in turn. The state had the burden to prove by clear and convincing evidence that appellant was either a danger to herself or others or was unable to care for her basic needs and was not receiving such care.”
— Or. Rev. Stat. § 426.005(l)(d)(C)(ii) — 1 case
— Or. Rev. Stat. § 426.005(l)(d)(a) — 1 case
— Or. Rev. Stat. § 426.005(l)(e) — 65 cases
— Or. Rev. Stat. § 426.005(l)(e)(A) — 25 cases
State v. S. R. J., 386 P.3d 99 (Or. Ct. App. 2016).
“Whether the evidence of danger is legally sufficient to support a determination that appellant is “dangerous” for purposes of ORS 426.005(1) is a determination *749 that we review as a matter of law.”
State v. M. A., 371 P.3d 495 (Or. Ct. App. 2016).
“” On appeal, appellant does not dispute that the state presented sufficient evidence to establish that he has a mental disorder, but he does dispute that the state presented sufficient evidence to establish that he was a danger to himself, a danger to others, or unable to…”
— Or. Rev. Stat. § 426.005(l)(e)(B) — 21 cases
State v. M. A., 371 P.3d 495 (Or. Ct. App. 2016).
“” On appeal, appellant does not dispute that the state presented sufficient evidence to establish that he has a mental disorder, but he does dispute that the state presented sufficient evidence to establish that he was a danger to himself, a danger to others, or unable to…”
— Or. Rev. Stat. § 426.005(l)(e)(C) — 2 cases
— Or. Rev. Stat. § 426.005(l)(f) — 15 cases
— Or. Rev. Stat. § 426.005(l)(f)(A) — 8 cases
State v. S. R. J., 386 P.3d 99 (Or. Ct. App. 2016).
“Whether the evidence of danger is legally sufficient to support a determination that appellant is “dangerous” for purposes of ORS 426.005(1) is a determination *749 that we review as a matter of law.”
State v. M. A., 371 P.3d 495 (Or. Ct. App. 2016).
“” On appeal, appellant does not dispute that the state presented sufficient evidence to establish that he has a mental disorder, but he does dispute that the state presented sufficient evidence to establish that he was a danger to himself, a danger to others, or unable to…”
— Or. Rev. Stat. § 426.005(l)(f)(B) — 10 cases
— Or. Rev. Stat. § 426.005(l)(f)(C) — 3 cases
— Or. Rev. Stat. § 426.005(l)(f)(C)(iii) — 1 case
— Or. Rev. Stat. § 426.005(l)(f)(C)(iv) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.