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Senate committee hears overview of Wyatt v. Kotek settlement and Ninth Circuit ruling expanding "child in care"

Senate Committee on Human Services · September 30, 2025
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Summary

Legislative analysts and counsel told the Senate Committee on Human Services that the Wyatt v. Kotek settlement sets measurable outcomes for Oregon's child-welfare system and that a published Ninth Circuit opinion broadened the scope of "child in care" to include children in DHS legal custody even when physically with parents, potentially increasing DHS duties and exposure to civil claims.

An analyst with the Legislative Policy and Research Office briefed the Senate Committee on Human Services on Sept. 30 about the Wyatt v. Kotek class-action settlement, the neutral's July 2025 initial review, and the specific metrics the state must meet under the agreement.

"For the record, my name is Matthew Pro," the analyst said, and summarized the neutral's report, which lists 10 ultimate outcomes and 14 associated measurements. Key quantitative targets include a maltreatment-in-care rate goal of 9.07 per 100,000 days by Sept. 30, 2029, and a foster-care reentry rate target of 5.6 or fewer by Sept. 2028, both with sustained performance periods. The review pairs federal Child and Family Services Review (CFSR) methodology with qualitative case-review…

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