$80 Million Settlement Highlights the Cost of Child Welfare Agency Failures
A recent case out of Washington state is a stark reminder of what can happen when a state child welfare agency fails to protect the children that it knows are in danger, and what families can do about it.
What Happened
Washington's Department of Children, Youth and Families (DCYF) has agreed to pay $80 million to settle 2 lawsuits brought on behalf of two Lakewood siblings who suffered catastrophic injuries while caseworkers left them in their biological parents' home.
The first case involved a little boy, who was born with methamphetamine in his system. DCYF was contacted to investigate the boy’s living conditions, but they did little to protect him. He was an 8-month-old infant in May 2020 when he was left alone in a shed that caught fire — likely due to tangled wiring and makeshift space heaters. He survived, but with burns covering 75% of his body.
The second case involved a little girl who was born with heroin in her system. DCYF was contacted to conduct an assessment to determine if the parents could safely parent the little girl. The little girl was 6 weeks old in January 2022 when she was left alone with her parents and suffocated after they fell asleep following drug use. She survived but was left quadriplegic, with cerebral palsy, and is now deaf, blind, and mute.
So how is DCYF responsible for the abuse and neglect? DCYF is responsible for keeping children safe once they learn they are in danger. Prior to these horrific incidents, DCYF had notice that the children were living in unsafe environments, yet ignored obvious dangers.
The children’s family sued DCYF in 2025, alleging the agency failed to protect both children despite clear warning signs. Under the settlement — approved in late May — Bubby will receive $45 million and Matilda $34 million, with their adoptive parents each receiving $500,000. DCYF has not admitted wrongdoing.
Why This Case Matters
Cases like this aren't isolated. When a state agency is aware of drug exposure at birth, prior abuse or neglect findings, or an active court order restricting contact — and a child is seriously harmed anyway — that agency, such as Oregon’s DHS Child Protective Service (“CPS”) can be held legally accountable for the consequences.
Families often assume that because a state agency was involved, there's nothing they can do, or that the agency is somehow shielded from responsibility. As this settlement shows, that's not the case. When a child welfare agency ignores red flags, fails to communicate critical safety orders to caregivers, or places a child back into a dangerous home, the resulting harm can form the basis of a serious legal claim.
If Your Family Has Been Affected
If your child has been seriously injured while in the care of a foster, adoptive, or biological family with active involvement with Oregon’s DHS CPS you may have options. These cases are complex, often involve confidential records and tight notice deadlines, and require an Oregon attorney experienced in litigation against government agencies and DHS CPS, such as Jeremiah Ross and Ross Law LLC.
If you believe your child's injuries resulted from a child welfare agency's failure to act, contact our office at 503.224.1658 for a confidential consultation.