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.
This short animated video—also available in Spanish, below—explains the settlement agreement terms for Wyatt B. v Kotek, Oregon's class-action foster care lawsuit. Current and former foster youth had opportunities to share feedback on the settlement with the Court via email and mailed letters, and you can also attend the hearing in Eugene on September 12, 2024. Keep reading this webpage for details.
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.
