Frequently Asked Questions: Wyatt B. v Kotek Settlement Agreement
On August 1 and 3, 2024, Disability Rights Oregon (DRO) and Oregon Department of Human Services hosted a joint listening session about the Wyatt B. v Kotek settlement agreement.
Several current and former foster youth and resource parents attended and asked the following questions:
Question: All of the categories for improvement are great. But, how will the state measure its progress? How will the public and the class know what specific steps the state is taking?
Answer: There is a Neutral Expert named Kevin Ryan who will be overseeing the state’s progress over the term of the settlement agreement. He will not only help create benchmarks for measuring progress, he will also write yearly reports to the Court that will be public.
Question: The settlement term of reducing how often children and young adults re-enter the foster care system is really important as children and young adults often get reunited with their biological families without the support they need to stay there both safe and happy. What particular steps will the state be taking to make sure these children, young adults, and families have what they need to prevent re-entry?
Answer: ODHS has many programs and services aimed at preventing re-entry into foster care. The settlement will ensure those efforts continue by ensuring that ODHS makes efforts to improve how quickly children and young adults are referred for medical, dental and mental health services and how quickly ODHS completes initial case plans after entry into care. Timely access to services will increase the number of children and young adults who have been engaging in services, which can support a successful reunification.
Question: May class members attend the Fairness Hearing on September 12th in Eugene, Oregon remotely?
Answer: DRO will ask the Court to allow class members who submitted comment by the August 16 deadline to appear remotely and will update this FAQ when the Court responds to DRO’s request.
Question: Where does the role of prevention come into play?
Answer: Providing children and young adults and their families with the resources they need is critical to prevent children and young adults from entering foster care. However, these efforts are not the focus of this lawsuit. This lawsuit is focused on the care and treatment of foster children and young adults while they are in substitute care. The state will maintain its fantastic commitment to prevention regardless of what happens during the term of this settlement agreement.
Question: How many foster children and young adults can come to the Federal Courthouse in Eugene on September 12th?
Answer: As many who would like to come! If any children and young adults experiencing foster care want to testify, they need to write to the Court and provide their thoughts on or before the deadline for comments, which is Friday, August 16th.
Question: If a foster child or young adult wishes to attend the Fairness Hearing in Eugene on September 12, will there be transportation available?
Answer: Yes. Please reach out to Emily Cooper at Disability Rights Oregon who will provide transportation assistance. You can reach her at ecooper@droregon.org.
Question: What did the parties do to spread the word about the settlement agreement?
Answer: We reached out to the following groups:
all the named plaintiffs
all next friends involved in the lawsuit
Oregon CASA Network
Juvenile Law Listserv
Oregon Foster Youth Connection
Oregon Judicial Department
New Avenues for Youth
Youth Villages
Independent Living Program providers
Governor's Child Foster Care Advisory Commission
Youth Rights Justice
Citizen Review Board
Oregon’s System of Care Advisory Council
resource families
Oregon Foster Care Ombudsman
And we promoted via:
Disability Rights Oregon’s website and social media channels
Disability Rights Oregon’s newsletter
25+ media stories including coverage by Yahoo.com, the Oregon Capital Chronicle, The Oregonian, Gorge Country Media, Central Oregon Daily, Portland Tribune, Madras Pioneer, Beaverton Valley Times, The Daily Astorian, and KCFM in Florence.
Question: How will you know if the terms of the settlement agreement are met?
Answer: The Neutral Expert, Kevin Ryan, will write a report every year to inform the Court whether ODHS has satisfied the requirements of the settlement. If the state is not in compliance, the settlement agreement outlines a dispute resolution process under which Plaintiffs may seek Court enforcement of the settlement. Additionally, if ODHS is not in compliance by 2034, the Court may extend another two years, until 2036.
Question: Won’t the state need more resources to do things like improve the quality and number of placements and services for foster children and young adults?
Answer: Although the Legislature is not a party to the lawsuit and the settlement does not require the Governor to seek any specific future funding from the Legislature, the policies and budgets the Legislature passes have a large impact on the work of Child Welfare. It is important that the Legislature, together with system partners and ODHS, evaluates how the state’s policies and budget decisions impact the availability of quality placements and services for children and young adults experiencing foster care.
Question: Are there other options for foster children and young adults to provide feedback to the state?
Answer: Yes. The state will be working on a performance improvement plan with the federal government as part of the Child and Family Services Review process. The state is actively looking for children and young adults who want to provide their ideas on how the state should make these improvements.
