Bittersweet Justice: Oregon

Occasionally there is justice for those negatively affected by the child welfare and adoption systems. Unfortunately, it is usually bittersweet and much too late. This will serve as REFORM Talk’s justice files.

“A boy who reportedly was emotionally, physically and sexually abused while in the care of a Douglas County foster home is due to receive nearly $700,000 following the settlement of a complaint filed on his behalf against the state and the Department of Human Services.

The complaint was filed in September 2021 in Douglas County Circuit Court. Beaverton attorney Paul C. Galm represented the boy in the case and his younger brother. However, the younger brother, who lived in the same foster home and was seven at the time the complaint was filed, was eventually dropped from the case.

Galm said he and the younger boy’s family decided to remove him from the complaint for several reasons. For one, the evidence of abuse against the younger boy wasn’t as strong as the evidence of abuse suffered by his older brother. Also, the boy, is just beginning to remember — and understand — what happened, Galm said.

“With sex abuse survivors, it can be years before they come to the realization of what happened. The mind can almost make you forget it,” he said. “You only get one bite at the apple. And rather than doing this now, we decided to give the child and the parents more time. The last thing I want to do is re-traumatize the victim.”

Galm said he may file a complaint on behalf of the younger boy at a later date.

The complaint involving the older brother was scheduled to go to trial next month. However, the trial was canceled after a settlement was ratified Feb. 16.

The boy, who was referred to as D.S. in the complaint, is now 11 years old. His brother was referred to as A.S. The two boys currently live with their adoptive parents in Oregon. The parental rights of their biological parents were terminated and they were adopted in December 2020.

“The good news is that both of them have landed with these great adoptive parents,” Galm said.

According to the initial complaint: Around September 2016, when D.S. was 5 and A.S. was 3, DHS removed them from the custody of their biological parents. They later ended up in the same foster care home in Douglas County.

DHS placed D.S. that same month in the foster care home of a couple.

An older boy, referred to as P.F.C., was also in that foster care home at the time.

In September 2017, the Department of Human Services received a report of alleged sexual abuse and exploitation, and neglect at the home. The report alleged that P.F.C. made D.S. perform oral sex in exchange for allowing D.S. to use his tablet. The abuse continued through October 2017, the complaint said.

During a forensic interview with the agency Douglas Cares, D.S. stated that P.F.C. had on multiple occasions, forcedly kissed him and his brother and forced inappropriate sexual contact.

On about Sept. 18, 2017, A.S. reported that he had seen P.F.C. sexually assaulting his brother. When he saw the abuse, he flipped the light on, but the abuse continued, the complaint said.

That same day, DHS became aware of unusual disciplinary techniques being used in the home. Specifically, D.S. said his foster parents would “send him to the gate at night.” D.S. described being very scared and “hiding in the dog house.”

D.S. also said his foster parents choked and spanked him, and covered his mouth with tape, which caused him to have trouble breathing.

Sometimes the two boys would be left under the supervision of “the big kids,” who would also make them stay outside. Sometimes the brothers hid under the house, where there were bats, they said.”
State agrees to payout in county foster care abuse case
[NR Today 3/12/23 by Scott Carroll]