With the Oregon Department of Human Services, where do I begin? Tragically, the child welfare agency’s treatment of mistreated children frequently puts it in the spotlight and in court.
In the last year alone, the agency has faced harsh criticism for its costly agreement with a nonprofit to house children in short-term rentals, agreed to a $40 million payout over allegations that its willful indifference led to the physical and sexual abuse of four foster children, and revealed spending $23 million to defend against a class-action lawsuit that sought no financial compensation but rather a means of enhancing foster child care. In a recent settlement of that 2019 case, the agency agreed to let an impartial expert evaluate and set goals for DHS—a decision it ought to have accepted five years prior.
Despite obvious indicators and widespread knowledge among child welfare professionals of many foster children’s susceptibility to such exploitation, DHS’s failure to safeguard foster children from sex trafficking is now another item on the list. The personal tale of Grace, a woman who was sold for sex several times while a teenager in Oregon’s foster care system, was recently uncovered by Hillary Borrud of The Oregonian/OregonLive. According to interviews and case files that Grace was able to access, the agency failed to safeguard her from a life of abuse, beginning when she was born with opiates in her system. Less than a year later, Grace received the first of numerous allegations that she was being sexually molested as a youngster. Even one case in which an individual admitted to the abuse was found to be false.
When Grace was eleven years old, the state placed her in foster care, and DHS came up with new ways to let her fall between the gaps. The teen may have been trafficked, according to a counselor at the safe house where Grace stayed. Given Grace’s past and research demonstrating the vulnerability of such abused and traumatized youngsters, a child abuse examiner and a therapist had previously warned of her increased risk of being sex trafficked. However, caseworkers disregarded the idea that Grace was being trafficked and neglected to check her for such exploitation, even when she went missing for extended periods of time to meet with other men. She was being sold for sex to males in several states at a time when she should have been celebrating high school graduation.
According to Borrud’s account, DHS made a number of mistakes in addressing the risks of commercial sexual exploitation, including failing to screen foster children who disappear for potential exploitation, reporting the number of foster children who are sex trafficked while in state custody, and providing special services and care for those who have been trafficked. As kid Welfare Director Aprille Flint-Gerner reminded Borrud that no kid should have to go through what (Grace) went through, especially after entering foster care, the agency would naturally start by making progress on each of those.
An internal evaluation of what went wrong is currently in progress, according to Flint-Gerner, and the agency will use the lessons learned to develop a plan for improved support and services. According to a DHS spokesperson, the agency should pledge to proactively release the plan and a nonconfidential version of the evaluation when they are finished early next year, even if they could be sought under public records law.
However, DHS and Governor Tina Kotek need to make sure that this isn’t just the newest negative news for a department that seems happy to merely endure the consequences time and time again. In order to radically alter the culture and place child welfare at its core, true reform will need to accept and integrate the opinions of detractors, outside specialists, and the general public.
The neutral expert selected to evaluate DHS as part of the recent settlement between the state and advocacy organizations A Better Childhood and Disability Rights Oregon must first be fully transparent. In court pleadings just two months prior, DHS vehemently opposed such involvement, despite appearing to celebrate the appointment of an impartial expert in June as a successful consequence of this action. Ironically, given that the case was brought as a direct result of years of administrative failure, the agency’s outside attorneys argued in a report dated April 2024 that evaluations of DHS operations should be left to the governor and agency management. With the governor’s promise to remove any obstacles, Kevin Ryan, the impartial expert, must have complete access and assistance in his job.
Will Lathrop, the Republican candidate for attorney general who prioritized children’s protection during his campaign, is another expert Kotek and DHS officials should consult. In addition to prosecuting abuse cases as a deputy district attorney, Lathrop spearheaded an international aid organization’s anti-trafficking initiatives in Africa and demonstrates a sincere desire to change Oregon’s system.
He promptly provided the editorial board with a list of the ways DHS ought to have helped Grace, starting with her early days as a newborn experiencing opioid withdrawal. He pointed out that despite several allegations of abuse, DHS had not carried out official child abuse assessments; this action was taken only years after someone admitted to assaulting Grace. He also correctly pointed out that there might be a conflict of interest when the state justice department, which protects DHS from lawsuits alleging negligence, takes on child dependency matters, where the courts make decisions on whether to take a kid away from a family. He contended that local prosecutors do not consider DHS’s possible responsibility when determining whether caseworkers’ recommendations or actions are in the best interests of the child, in contrast to the state justice department.
State officials ought to speak with Kat Hendrix of the Oregon CASA Network, whose local chapters assign trained volunteers known as Court Appointed Special Advocates to foster children in order to represent their best interests and offer a steady stream of support. According to the organization, the state only provides enough cash to cover the costs of a fifth of the children in foster care, even though state law requires CASAs to be assigned to foster children. More children are covered by donations, but the need is much greater than the available funds.
Sen. Sara Gelser Blouin, who has been questioning DHS leaders about their practices and lack of accountability to the numerous lawyers and advocates who have sued DHS on behalf of children for years, is just one of many people who can offer valuable insights.
In an emailed statement, Kotek promised to strategically use all available instruments to prevent a repeat of incidents like Grace’s and stated that she would promote child welfare spending in her next budget proposal. We hope that funding for more child welfare resources will become a top priority.
However, among other things, the governor should make sure that the knowledge of the people listed above is part of her toolkit. Although more funding is always appreciated, it cannot purchase the urgency or accountability that thousands of foster children in Oregon require.
-The Editorial Board of Oregonian/OregonLive
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