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.

“On Thursday, the plaintiffs in a federal class action lawsuit against the Oregon Department of Human Services reached a settlement that has huge implications for the youth foster care system in the state.

In the complaint, attorneys for Oregon foster youth alleged ODHS hasn’t done its job well enough in keeping foster children safe, and accommodating their physical and mental health needs. They also alleged ODHS violated the constitutional rights of foster children — saying the children have a constitutional right to be free from maltreatment while in foster care.

This case has been pending in federal court in Eugene since 2019, and just avoided going to trial.

Public records obtained by FOX 12 Investigates show the state mounted an expensive legal fight to defend ODHS. According to those records, the state paid more than $14.7 million over the last five years to one private law firm in Portland to assist state attorneys in defending ODHS.

According to the settlement in Wyatt B., et al. v. Tina Kotek, et al., a neutral party will be paid by the state to work with ODHS to set goals for improvement and research where there are gaps.

Other key takeaways in the settlement agreement:

• The neutral party will be selected by and agreed upon by the defendants
  (State/DHS) and plaintiffs (foster children and their lawyers) by the end of May 2024. If that deadline isn’t met the court will select nominees.
• The neutral party will work with DHS to make improvements in the overall maltreatment of children in DHS’ care and lower the rate of re-entry into foster care.
• The neutral party will work with ODHS to assess the welfare of children in the program in a timely manner.
• The neutral party will review the quality of placements in foster care.
• The neutral party will also review ODHS’s practices of documenting the maltreatment of children in care.
• An initial review process of the whole foster care system and setting improvement goals needs to be completed by April 30, 2025.
• Beginning in 2026 the neutral party will submit yearly progress reports of ODHS on whether improvement goals are being met.
• The settlement agreement is valid for 10 years or until the neutral party determines ODHS has made improvements.”

ODHS pledges to address issues in settlement with Oregon Foster Youth

[KPTV 5/25/24 by Adrian Thomas]