Oregon foster youth, DHS reach settlement of federal class-action lawsuit with major implications

(Update: Adding Oregon DHS news release on settlement)

PORTLAND Ore. (KGW/KPTV) - On Thursday, the plaintiffs in a federal class action lawsuit against the Oregon Department of Human Services reached a settlement that has major implications for the youth foster care system in the state, KPTV reported.

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, the station reported.

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

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.

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.

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News release:

Settlement Reached in Oregon Foster Care Class-Action Lawsuit: Parties Agree to Transform System for Thousands of Children in its Care
Oregon Dept. of Human Services - 05/24/24 8:30 AM

Eugene, OR– Today, Governor Tina Kotek, the Oregon Department of Human Services (ODHS), Agency Director Fariborz Pakseresht, and Child Welfare Director Aprille Flint-Gerner entered into a settlement agreement with Disability Rights Oregon, A Better Childhood, Rizzo Bosworth Eraut PC, and Davis Wright Tremaine LLP, attorneys representing thousands of children and young adults experiencing foster care in Oregon. This settlement agreement stemmed from a class-action lawsuit, Wyatt B. et al. v. Kotek et al., that sought to improve Oregon’s foster care system. 

The settlement agreement stipulates, in part:

• The State will contract with a mutually agreed upon Neutral Expert to address important foster care system outcome areas including maltreatment of children; quality of appropriate placements; re-entry rates; timeliness of case planning and age-appropriate mental, physical and dental health care assessments and referrals; notification and delivery of required reports of child maltreatment; and up to two (2) additional findings by the Neutral Expert within two (2) years that are actionable under the U.S. Constitution or Americans with Disabilities Act (ADA).
   
• The Neutral Expert’s Initial Review shall occur by April 20, 2025 (extendable up to 90 days at request of Neutral Expert) and be followed by annual reviews assessing improvements.
   
• The Governor shall provide support to ODHS toward its efforts to achieve outcomes by assisting ODHS’s collaboration with other state agencies and by reviewing the Initial Review and annual reviews.
   
• The Settlement Agreement ends when the Neutral Expert determines ODHS is in substantial compliance with terms or within 10 years (whichever is sooner). If, after 10 years, the Neutral Expert determines additional time is needed, the Neutral Expert may recommend an extension of no more than two (2) years.

“This case has always been about providing children in the foster care system what they need to recover from trauma and thrive—stability, safety, and nurturing from the adults in their life,” said Jake Cornett, Executive Director and CEO of Disability Rights Oregon. “After more than five years, we’re grateful Governor Kotek and the Department of Human Services see the promise of working collectively to improve Oregon’s foster care system.”

“We are grateful for the willingness of all involved in this litigation to come together to find ways to achieve our mutual goal of improving outcomes for Oregon children and families,” said ODHS Director Fariborz Pakseresht. “This agreement is a testament to the progress we have made in child welfare over the past several years and allows us to focus on the important work ahead.”

“We are very pleased that this case has settled,” said Marcia Lowry, Executive Director of A Better Childhood. “We have seen that a collaborative approach to reform in other lawsuits has produced excellent results in other child welfare systems, and we hope the same will happen in Oregon. It takes both sides being committed to actual progress, measurable outcomes, and real results, which we are committed to seeing happen in Oregon.” 

“This settlement gives us the opportunity to continue our efforts to transform the child welfare system by supporting and preserving families – while focusing on continuous improvements that will yield better outcomes for families we serve,” said ODHS Child Welfare Director Aprille Flint-Gerner. “We appreciate the hard work by both parties in reaching an agreement that is positive for Oregon children and families.”

Resources

• Settlement Agreement

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Oregon Department of Human Services (ODHS) is Oregon's principal agency for helping Oregonians achieve well-being and independence. It provides direct services to more than 1 million Oregonians each year. These services are a key safety net for people in diverse communities across Oregon.

Disability Rights Oregon upholds the civil rights of people with disabilities to live, work, and engage in the community. Serving as Oregon’s Protection & Advocacy system since 1977, the nonprofit works to transform systems, policies, and practices to give more people the opportunity to reach their full potential.

A Better Childhood is a national nonprofit advocacy organization that uses the courts to reform dysfunctional child welfare systems around the country. 

Rizzo Bosworth Eraut PC is a litigation firm with deep roots in the Pacific Northwest. We work primarily on complex civil matters representing individuals, businesses, and insurers in Oregon, Washington, California, and Idaho.

Davis Wright Tremaine LLP is an AmLaw 100 law firm with more than 600 lawyers representing clients based throughout the United States and around the world.