Chapter 427

 

      Chapter 427

 

NOTES OF DECISIONS

 

      Former commitment provisions of this chapter were constitutional. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

 

      Standard of proof in former version of this chapter was proof “beyond a reasonable doubt.” State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

 

      As commitment proceeding is not criminal matter, principle of double jeopardy has no application. State ex rel Vandenberg v. Vandenberg, 48 Or App 609, 617 P2d 675 (1980), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Preemption of the Oregon Revised Statutes by the provisions of the Interstate Compact, (1973) Vol 36, p 297; civil commitment to Mental Health Division of person against whom criminal charges are pending, (1980) Vol 41, p 91

 

LAW REVIEW CITATIONS: 16 WLR 439 (1979)

 

      427.005

 

NOTES OF DECISIONS

 

      Where plaintiff worked in building that housed only administrative functions for nonprofit program, plaintiff worked in nonprofit facility for purposes of ORS 30.262. Baumgarner v. Community Services, Inc., 992 F. Supp. 2d 1081 (D. Or. 2014)

 

ATTY. GEN. OPINIONS: Residency requirements of transfer patients into and out of Oregon, (1973) Vol 36, p 297

 

      427.235

 

NOTES OF DECISIONS

 

      Circuit court in county in which juvenile resides has jurisdiction over juvenile for civil commitment purposes. Children’s Services Div. v. West, 79 Or App 484, 719 P2d 904 (1986)

 

      Where mental health investigator conducted interviews pursuant to this section and interviews indicated that appellant may have intellectual disability and required commitment, further investigation was warranted and investigator was required to perform diagnostic evaluation that complied with ORS 427.105. State v. R.E.G., 275 Or App 239, 364 P3d 733 (2015)

 

      427.255

 

ATTY. GEN. OPINIONS

 

Under former similar statute

 

      Release of patient’s confidential case records, (1974) Vol 36, p 1080

 

      427.285

 

NOTES OF DECISIONS

 

      Presence of investigator at hearing is mandatory. State v. Neal, 150 Or App 432, 946 P2d 367 (1997)

 

      427.290

 

NOTES OF DECISIONS

 

      Where only evidence of appellant’s IQ indicated low estimate between 69 and 83 which placed her level of intellectual functioning above “retarded” classification of American Association on Mental Deficiency and there was no evidence to indicate she was unable to care for herself because of mental retardation, appellant did not meet required standard for involuntary commitment under this section. State v. Grandy, 50 Or App 239, 623 P2d 666 (1981)

 

      427.310

 

      See annotations under ORS 427.255.