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.

“The state of Oregon has agreed to pay $400,000 to a boy who allegedly suffered sexual and physical abuse and chronic neglect while living in a Douglas County foster home, the second such payout the state has entered into in connection with claims of abuse at the same foster home in just over a year. A third lawsuit involving the same foster parents, also alleging sexual abuse, was filed in December and is working its way through the courts.

The most recent settled lawsuit was filed last June in Douglas County Circuit Court, against the State of Oregon and its Department of Human Services. Beaverton attorney Paul C. Galm represented the boy, who was 7 when the abuse allegedly occurred. The boy is currently 15, and living with his adoptive parents.

Both parties have agreed to the settlement, but Douglas County Circuit Court Judge George Ambrosini still needs to sign off on it for it to be finalized, according to Galm.

DHS spokesperson Jake Sunderland said the agency does not comment on litigation.

The alleged victim lived in a foster home with an older boy who “had a history of behavioral problems, including physical and sexual maltreatment of younger children, and therefore presented a risk of sexual assault and physical abuse to younger children,” the lawsuit said.

DHS was notified of potential problems in the home in May 2017, and investigated. In September 2017, DHS received another report of abuse at the home, this time alleging sexual abuse and exploitation, as well as neglect.

DHS concluded that the sexual assault allegations from September 2017 were founded, the lawsuit said.

The older boy repeatedly abused the younger boy physically, sexually and emotionally, the lawsuit said.

DHS failed to remove the boy from the home despite “numerous credible allegations of physical abuse and emotional abuse,” according to the lawsuit. The boy “endured abuse and chronic neglect at the hands of his foster brother and foster parents,” the lawsuit said.

As a direct result of that abuse he suffers from mental anguish, depression, anxiety and sleeping problems, according to the lawsuit.

The lawsuit initially sought $2.55 million. The boy accepted the state’s offer of $400,000 at mediation, subject to final approval from the court.

Under the agreement, the boy will receive $1,000 a month, for 12 years, beginning at the age of 18; $50,000 in a lump sum payable in June 2034; $207,208 payable in a lump sum in June 2039; and $33,753, which will be held in a conservatorship. Galm will receive one-third of the $400,000 settlement, or $133,333.”

State settles lawsuit involving alleged abuse at county foster home
[The News-Review 4/19/24 by Scott Carroll]