Oregon Department of Justice Archives

Photo: Oregon Department of Justice headquarters in Salem, Oregon; via Wikipedia. In a report for The Oregonian/OregonLive, journalist Sami Edge examined how the Oregon Department of Justice (DOJ) has, in multiple child welfare lawsuits, shifted blame from the state to parents, even those who were never accused of wrongdoing. Edge’s reporting describes a pattern in which state attorneys, defending the Oregon Department of Human Services (DHS), filed “third-party complaints” against parents after their children were harmed or killed, arguing that the parents bore partial responsibility. Edge cites the case of “Jen,” a mother whose teenage daughter successfully sued DHS for failing to protect her from sexual abuse. During that litigation, state lawyers filed a complaint against Jen, alleging she had been negligent in not preventing the abuse by her former boyfriend, who was later convicted and sentenced for sexual crimes. A jury ultimately dismissed the state’s claims against Jen and awarded $1.3 million to her daughter’s trust. Edge found at least ten similar cases over the past decade in which the Oregon DOJ pursued legal action against parents or caregivers in connection with DHS negligence lawsuits. Roughly half of those parents, like Jen, were not accused of abuse or neglect but were still named in state filings. Attorneys for these parents argue that the strategy traumatizes families already coping with abuse or loss, suggesting the state uses the tactic to deflect liability and reduce potential settlement costs. Former state attorneys interviewed by Edge defended the practice as a legal mechanism to ensure all responsible parties are included in the case. However, others, including plaintiff attorneys and former DOJ officials, questioned whether the approach was ethical or necessary. Current Attorney General Dan Rayfield has since directed state lawyers to stop filing such third-party complaints without his direct approval, saying the strategy did not align with his values and that Oregon should move toward a “child-centered approach to justice.” Edge’s reporting also includes other examples, such as the case of Jonicia Clay, whose four-year-old son was killed in Portland after she repeatedly warned authorities he was in danger. The DOJ filed a complaint accusing Clay of contributing to the child’s death, a move her attorney described as devastating and unjust. The state later dropped its case and reimbursed Clay’s legal fees. The Oregon DOJ’s decision to reexamine these practices follows mounting criticism from child welfare advocates, attorneys, and families who say the state’s legal strategies compound trauma rather than promote accountability. DHS officials have since echoed Rayfield’s sentiment, acknowledging that the approach was “not trauma informed” and inconsistent with the agency’s mission to protect children and support families.Survivors and families affected by state negligence deserve justice. Learn your legal rights and receive a free, confidential case review by filling out the secure form below.

Oregon Department of Justice

Oregon DOJ Accused of Suing Parents to Deflect Blame in Child Welfare Lawsuits

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Oregon Department of Justice

Oregon DOJ Accused of Suing Parents to Deflect Blame in Child Welfare Lawsuits

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