Unpacking the Wyatt B. v Kotek Settlement Agreement
We will make sure Oregon transforms its foster care system
Every child deserves a safe place to live and call home, and nearly everyone who enters foster care has been exposed to trauma and needs mental healthcare. Yet thousands of children across the state—children who have already endured abuse or neglect severe enough to remove them from their families—have been bounced from institution to institution, and from home to home. Instead of receiving the care they need, our most vulnerable children and teens have been waiting for months while trying to survive a never-ending earthquake.
To transform the system, we filed Wyatt B. v Kotek on behalf of 10 named clients in 2019, alongside A Better Childhood and David White Tremaine LLC. Class-action status on behalf of all foster care children in Oregon was granted in 2022.
What the Settlement Agreement Covers
After fighting for five years, we’re pleased a settlement agreement was reached between all parties on the eve of trial in May 2024, and now we’re excited to roll up our sleeves and work together.
Read the Notice to Class Members
Here is a breakdown of what the State and Department of Human Services have promised to do over the next 10 years:
Keep children and teens safe from harm after they enter foster care.
Ensure youth are given everything needed to stay healthy and safe when they are returning to their families.
Quickly develop case plans to help everyone understand what resources are needed (plans should be completed within 60 days after an individual enters care).
Deliver medical, dental, and mental health treatments faster.
Increase the quality of available foster care homes, placements, and services.
Improve communications with state courts, attorneys, youth and their families—especially when a child is hurt after entering foster care.
How the Settlement Agreement Works
The first step in the settlement agreement is the Court picks a neutral expert. This person specializes in foster care systems and child welfare and is qualified to direct the process.
The Court recently appointed Kevin Ryan as the neutral expert. He will spend the next several months studying Oregon’s foster care system and, by April 20, 2025, will recommend exact steps the State must take to meet its agreed upon goals. Once those recommendations are set, Ryan will issue annual progress reports and determine if additional steps are necessary.
Holding the State Accountable
Throughout the process, Disability Rights Oregon will make sure the State delivers on providing the care and resources children in foster care need to thrive. We will be monitoring progress with A Better Childhood for the next 10 to 12 years and regularly meeting with the neutral expert. Together, we will hold Oregon to its promise of improving the foster care system.
And don’t worry: If there is ever disagreement about what Oregon is doing—there is a way for us to go back to the federal court to hold the state to what it promised.
We Need to Hear from Children and Teenagers in Foster Care!
Nearly 5,000 children and teenagers in Oregon’s foster care system—including young adults who have “aged out” since we filed the case in 2019—have the right to share feedback on the settlement agreement. After all, these are your lives and your experiences, and you deserve to be heard!
Here are two ways you can share your thoughts about the settlement:
By August 16, 2024, write to the Honorable Judge Aiken. She wants to know if you think the settlement is fair. You must send your letter to Judge Aiken, plaintiffs, and defendants at the below addresses. You may email your letter to plaintiffs and defendants, but you must mail your letter to Judge Aiken. Here are the mailing addresses:
Judge Ann Aiken
Mail: 405 East Eighth Avenue, Eugene OR 97401
Disability Rights Oregon (Plaintiffs)
Mail: Attn: Wyatt Settlement, 511 SW 10th Ave, Suite 200, Portland OR 97205
Email: WyattSettlement@droregon.org
Markowitz Herbold PC (Defendants)
Mail: Attn: Wyatt Settlement, 1455 SW Broadway, Suite 1900, Portland OR 97201
Attend the hearing and tell your story to Honorable Judge Aiken in person:
When: Thursday, September 12, 2024, at 9:00 am
Where: Wayne Lyman Morse United States Courthouse, 405 East 8th Avenue in Eugene (between Mill and Ferry Streets)
We hope to hear from current and former foster youth!
