Children who’ve spent time in Oregon’s foster care system have a chance to tell a federal judge about their experiences to guide settlement of a class-action lawsuit.
The proposed settlement, announced in May, requires the Oregon Department of Human Services, which runs the foster care system, to improve its placement of children in appropriate households, reduce abuse and provide better medical and mental health 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 experienced abuse and inadequate health 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. An neutral outside expert, Kevin Ryan, will work with the Oregon Department of Human Services and advocacy watchdog Disability Rights Oregon and national nonprofit A Better Childhood to guide changes to the foster care system. 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 Ryan finds the agency has not adopted adequate reforms to protect the children in its care.
To be heard in court, current or former foster children must send a letter to U.S. District Judge Ann Aiken by Aug. 16 with feedback on the settlement. They should mail their letters to her at 405 East Eighth Ave., Eugene, 97401.
It’s up to the foster children to decide if they will speak in court. But to testify, they must first send the judge a letter.
Foster children who send letters by the deadline will be able to comment on their experiences and the adequacy of the settlement during a Sept. 12 “fairness” hearing. The hearing is required before Aiken can finalize the deal. 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, told 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.
Human services 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.
-- Ben Botkin, Oregon Capital Chronicle
Oregon Capital Chronicle is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.