Judge seeks perspective of 5,000 Oregon foster children as the state moves toward reforms

by Ben Botkin, Oregon Capital Chronicle
July 24, 2024

Children who spent time in Oregon’s foster care system have a chance to talk about their experiences with a federal judge who is finalizing a historical settlement in a class-action lawsuit.

The settlement, announced in May, requires the Oregon Department of Human Services, which runs the foster care system, to improve in its placement of children in appropriate households, reduce abuse and provide quality medical and mental care. 

The settlement is the conclusion of a federal lawsuit filed in 2019 in U.S. District Court in Eugene on behalf of 10 current and former children in the foster care system, some of whom faced abuse and inadequate health care while in care. The case received class-action status in 2022 and covers nearly 5,000 people, including youth who have aged out of the system. 

Years of work are ahead under the settlement. An outside neutral expert, Kevin Ryan, will work with the Oregon Department of Human Services and advocacy watchdog Disability Rights Oregon and A Better Childhood, a national nonprofit, to guide the reforms. Ryan has worked in other states on similar cases. Under the settlement, DHS has 10 years to improve, with the potential for a two-year extension beyond that if the agency has not adopted adequate reforms to protect the children in its care.

The foster children will be able to comment on their experiences and the adequacy of the settlement during a “fairness” hearing on Sept. 12 with  U.S. District Judge Ann Aiken.  These hearing is required before a judge finalizes the terms of a class-action lawsuit that has many plaintiffs to ensure the deal takes victims appropriately into account. Potentially, the judge could decide that the settlement is inadequate in certain areas and require the parties to change it.

“This is a great opportunity for foster kids in Oregon to be heard directly by the court,” Tom Stenson, deputy legal director of Disability Rights Oregon, said in an interview with the Capital Chronicle. “It’s a great opportunity for them to let the court know how they’re feeling, let the court know what their experiences have been and let the court know what they think the existing problems are.”

Before that hearing, the Oregon Department of Human Services has virtual listening sessions scheduled for Aug. 1 and Aug. 3 so Oregonians can learn more about the settlement and how to give feedback. 

DHS agency director Fariborz Pakseresht was unavailable for an interview about the settlement and agency’s role. He previously has declined a request for an interview about the settlement.

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