§ 426.132 — Determination that person with mental illness is in need of treatment generally and due to being danger to self or others or having chronic mental disorder

Oregon § 426.132

• Jurisdiction: Oregon
• Vol.: 11
• Title 35: Mental Health and Developmental Disabilities; Substance Use Disorder Treatment
• Ch.: 426

Text

(1) When determining whether a person has a mental illness and is in need of treatment, the court may consider information that assists the court in making its determination, including but not limited to any of the following:
(a) The person’s insight into the person’s mental illness.
(b) The impact of the person’s insight or lack of insight on the person’s ability to follow a recommended treatment plan.
(c) The likelihood that, absent treatment, the person will become a danger to self, a danger to others or unable to provide for basic personal needs, as described in ORS 426.131, in the near future.
(d) When possible, a clinical perspective on paragraph (c) of this subsection.
(2) When determining whether a person is in need of treatment because the person is a danger to self as described in ORS 426.131, the court may consider information that assists the court in making its determination, including but not limited to any of the following:
(a) The person’s recent overt acts causing or attempting to cause serious physical harm to self.
(b) Recent acts placing the person in circumstances that resulted in or were likely to result in serious physical harm to self.
(c)(A) The person’s recent threats to cause serious physical harm to self and the severity of the harm threatened;
(B) Absent treatment, the likelihood of such threats being carried out; and
(C) Absent treatment, the likelihood of such threats reoccurring.
(d) Any past behavior and patterns of deterioration resulting from a mental disorder that contributed to prior involuntary hospitalizations for being a danger to self, how recently the past behavior occurred and the frequency and severity of the past behavior.
(3) When determining whether a person is in need of treatment because the person is a danger to others as described in ORS 426.131, the court may consider information that assists the court in making its determination, including but not limited to any of the following:
(a)(A) Recent overt acts causing or attempting to cause physical harm to another person; and
(B) The frequency and severity of such acts.
(b) Recent destructive acts against property that were reasonably likely to place others at risk of physical harm.
(c)(A) Recent threats to cause physical harm to another person;
(B) The severity of the harm threatened;
(C) Absent treatment, the likelihood of such threats being carried out; and
(D) Absent treatment, the likelihood of such threats reoccurring.
(d)(A) Any past behavior and patterns of deterioration resulting from a mental disorder that contributed to prior involuntary hospitalizations for being a danger to others;
(B) How recently the past behavior occurred; and
(C) The frequency and severity of the past behavior.
(e) When possible, a clinical perspective on the person’s risk of causing physical harm to another person.
(4) The court may not find that a person is in need of treatment because the person has a chronic mental disorder, as described in ORS 426.131, unless the court finds that:
(a) The person is exhibiting symptoms or behavior substantially similar to those that preceded and led to one or more of the hospitalizations or inpatient placements referred to in ORS 426.131 (5)(b); and
(b) Absent treatment, the person will continue, to a reasonable medical probability, to physically or mentally deteriorate so that the person will become a danger to self, a danger to others or unable to provide for the person’s basic personal needs, as described in ORS 426.131 (2) to (4).

Legislative History

2025 c.559 §3