State v. L. H.

Summary

The Oregon Court of Appeals reversed a civil commitment judgment because the citation did not provide adequate notice that commitment could be based on the appellant’s inability to provide for her basic personal needs. The court held that factual statements in attached documents did not cure the deficiency where the documents expressly identified different commitment theories. The court applied ORS 426.090 and concluded that the appellant had not received the required statutory and constitutional notice.

Holdings

1. The citation and its attached and incorporated documents did not provide adequate notice that L. H. was believed to be unable to provide for her basic personal needs due to a mental disorder or that she would face commitment on that theory.
2. The attachments did not provide the functional equivalent of the required statutory and constitutional notice.

Questions Presented

1. Whether the citation and its incorporated documents provided the specific notice required by ORS 426.090 that L. H. was believed to be unable to provide for her basic personal needs due to a mental disorder.
2. Whether the information in the attachments to the citation provided a functionally equivalent protection despite any statutory notice deficiency.

Disposition

reversed