Oregon Far from Meeting Child Safety Targets, Some State Data Don’t Hold Up, Says Neutral Expert

Abuse in foster care system 2.5 times the federal standard, State's own review finds child safety not adequately assessed

MEDIA CONTACT

Disability Rights Oregon: Melissa Roy-Hart | (503) 444-0026 | [email protected]
A Better Childhood: Marcia Lowry | (646) 808-7344 | [email protected]

PORTLAND, Ore.-The court-appointed Neutral overseeing the landmark May 2024 settlement in the federal class-action lawsuit Wyatt B. v. Kotek has released his first Annual Review. The review, by Kevin M. Ryan, sets the first official baseline of the Oregon Department of Human Services' (ODHS) performance to transform the foster care system for thousands of children and youth in its care. Findings show the state is far from the settlement agreement's targets on child safety, timely health care, and placement quality - and that some of ODHS' reported data did not hold up to scrutiny.

"Oregon's children have waited long enough. The state fought this case for five years and spent millions defending a system that, by its own numbers, leaves them in harm's way at rates among the worst in the nation. The settlement ended the fight, and the Neutral's review ended the guessing. There are no more excuses for missing these targets." - Jake Cornett, Executive Director at Disability Rights Oregon

Key Findings

• Abuse in care is among the worst in the nation. ODHS substantiated 370 reports of abuse or neglect of children in custody in federal fiscal year 2025, a rate of 24.7 per 100,000 days in care. The federal standard, which is also the settlement's target, is 9.07. Oregon ranks among the worst states in the country on this measure. Journalists can compare states using the federal data profile by selecting different states under "state filter." By the state's own figures, ODHS would have had to prevent about 235 additional confirmed incidents to meet the target.

• Child safety wasn't adequately assessed in 1 of 3 cases. In ODHS's own case reviews, the agency rated its efforts to assess and address risk and safety concerns as a strength in only 65% of cases, down from 69.7% in 2022.

• The state's initial nursing assessment numbers were wrong. In its May 2026 self-assessment, ODHS reported that about 80% of children received a timely nursing assessment, and publicized the result as notable progress. ODHS later corrected the figure to 30.1% - against a 90% target - in a June 18 amendment to its report.

• Other state data didn't hold up either. In a sample of 25 children selected by the Neutral, ODHS's data showed 84% received a timely medical assessment, but the Neutral's review of the actual records found only 76%. For mental health assessments, ODHS's data showed 92%, and the Neutral found 88%. Statewide, ODHS reports that 74.8% of children received a timely medical assessment and 88.4% a timely mental health assessment, against 90% targets.

• Mental and behavioral health needs are going unmet. The state's own review found that its efforts to address children's mental and behavioral health needs fell short in 31% of cases, almost a third.

• Other measures remain short of 90%. 83% of reviewed cases showed placement stability as a strength and 75% showed physical health needs were met. 81.1% of children received an initial case plan within 60 days, though Districts 1, 4, and 14 remain at 60% or below.

The way to lower abuse rates is to make children safer, not to change what counts as abuse. In 2025, the state backed legislation that advocates warned would have resulted in fewer investigations of harm to children in its care. The bill did not pass.

The Neutral also offered more than 20 recommendations for ODHS, including that it:

• Publish a report by May 1, 2027, analyzing the causes of maltreatment in care, including when it occurs, in what settings, by whom, and how often earlier reports were screened out or unfounded.

• Perform an analysis of why the number of certified foster homes with confirmed maltreatment rose from 64 to 83 between 2023 and 2025

• Track and report abuse and inappropriate restraint of children in congregate care

• Review whether caseworker workloads are linked to child maltreatment

The lawsuit was filed in 2019 on behalf of 10 named children by Disability Rights Oregon, A Better Childhood, and Davis Wright Tremaine LLC to protect thousands of children in Oregon's foster care system who have been moved from home to home. Class-action status was granted in 2022. The parties reached the settlement in May 2024, and U.S. District Judge Ann Aiken appointed Mr. Ryan as the Neutral that June. The settlement's targets run through 2028 and 2029 and must be sustained for three years.

Resources

• Neutral Expert First Annual Review (October 29, 2026)

• Opinion and Order for Selecting Neutral Expert (June 14, 2024)

• Public Settlement Agreement (May 24, 2024)

• Class Action Complaint (April 4, 2019)

Download the Press Release

About

For nearly 50 years, Disability Rights Oregon has upheld 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.