DHS

Trying to Find the Light. Oregon Pays $4.95 Million in Devastating Child Abuse Involving The State's Inaction.

This case is one of the most harrowing child abuse tragedies in Oregon’s recent history — a gut-wrenching example of how systemic failures can allow horrific abuse to continue in plain sight, despite repeated warnings and desperate cries for help.

Three young siblings — just 5, 5, and 7 years old when the nightmare began — were subjected to five years of relentless torture by their great-aunt, Merlinda Avalos. They were starved, beaten, humiliated, and isolated, forced to sleep naked on bare mattresses in the cold, urinate in plastic bottles, wear urine-soaked clothes to school, and suffer abuse so cruel it defies belief: mouths duct-taped shut, tacks taped to bunk beds to prevent them from moving, shot in the back with a BB gun. A child was so afraid of her abuser finding out she changed into clean clothes at school, she would break down in tears.

Over the course of those five years, teachers, neighbors, and counselors made at least 20 reports to Oregon’s Department of Human Services Child Abuse Screening Hotline and to 911. These were not vague suspicions — they included reports of visible bruises, starvation, children locked outside in the rain, and terrifying first-hand disclosures from the children themselves.

Again and again, DHS CPS failed. Caseworkers dismissed the complaints as “unfounded.” They failed to follow their own policies. They didn’t take photos of injuries, failed to seek medical evaluations, and shockingly included Avalos — the known abuser — in a so-called “safety plan.” The reports were ignored. The children were left to suffer.

Finally, in April 2018, police intervened after one child made yet another disclosure. Investigators found extensive evidence of abuse, and Avalos was arrested and later sentenced to more than 12 years in prison. But by then, the damage was already done.

In 2024, nearly six years after being removed from Avalos’ home, the State of Oregon agreed to pay $4.95 million to the three children — a rare acknowledgment of responsibility in a case where the state’s inaction was both devastating and inexcusable.

But the tragedy did not end there.

Shortly after learning of the settlement, the eldest child — now 18 years old — died by suicide. His death is a painful reminder that trauma does not end when abuse stops. It lingers, destroys, and too often, claims lives long after the fact and has a rippling affect on those that were close to him..

This incredible $4,950,000 settlement— while significant — is overshadowed by the irreversible toll this abuse has taken. No amount of money can restore what these children lost: their safety, their childhood, and their brother.

Yet even in the face of such overwhelming tragedy, there was a hard-fought measure of justice. Attorneys Jeremiah V. Ross and two other lawyers refused to let the state walk away from its responsibility. They battled against dismissal, navigated complex legal barriers, and ultimately held DHS accountable for failing to act when it mattered most.

While nothing can undo what happened, we hope this outcome will not only provide some stability for the surviving siblings, but also serve as a call to action: Oregon must do better.

No child should have to suffer this way. No system should ever ignore this much pain. And no survivor should have to fight this hard for justice.

If you or a loved one has been harmed by child abuse or by government failure to protect, Ross Law and Oregon Attorney Jeremiah V. Ross will stand with you. We will listen. We will fight. And we will not let tragedy be ignored.

Tragic Number of Kids on Oregon DHS's Radar Die in 2025

Over the years, Ross Law has had great success in representing the interests of children who have been harmed, neglected, abused, or killed as a result of Oregon’s DHS and CPS’s failures. Despite holding the State accountable in these cases, it appears the system is still failing too many children.

OregonLive reported that in the first three months of 2025, ten children known to Oregon's Department of Human Services (DHS) died, prompting state investigations. This marks an increase from two deaths during the same period in 2024 and five in 2023. Though none of the children were in foster care, half were involved in active abuse investigations, and the others lived in households that DHS had previously checked on.

The deaths include five infants and toddlers—four of whom may have died due to unsafe sleep conditions while a parent or guardian was under the influence of marijuana—and five adolescents, including four teens who died within six days of each other in mid-February. The teen deaths were unrelated, but the number has raised concern among advocates, as adolescents now make up a larger share of fatalities than in past years.

Ross Law and attorney Jeremah Ross are dedicated to using the civil justice system to hold the State accountable for its failures that result in the tragic death, abuse, or neglect of children. If you or someone you know believe that Oregon’s DHS/CPS failed a child and the child was harmed and killed as a result, then please call 503.224.1658 to speak wth attorney Jeremah Ross.

Please note that all cases are different and that this article is for informational purposes only and is not to be considered legal advice. If you have questions about a potential case against the State of Oregon’s DHS or CPS then please call an attorney and do not rely solely on this post.

Suing the State of Oregon DHS for Foster Child Abuse

In recent years, concerns have emerged regarding the well-being of foster children under the care of the State of Oregon Department of Human Services (DHS). Allegations of abuse and neglect have raised serious questions about the effectiveness of the state's foster care system, prompting some families to consider legal action. Some of those families have come to Ross Law which has successfully litigated cases against the State of Oregon for their failures to Oregon’s foster children. Suing the DHS for foster child abuse is a complex process, but it is a necessary process to ensure the protection of vulnerable children.

Understanding the Legal Landscape:

Taking legal action against a government agency like the DHS involves navigating a complex legal landscape. While the government is typically protected by sovereign immunity, there are exceptions that may allow individuals to sue for damages in cases of abuse or negligence. One such exception is when the government agency fails to uphold its duty to protect the rights and safety of foster children. Another legal issue that commonly arises is the Tort Claim Notice which may be necessary depending on the legal status of the custody of the child when the harm arose. Additionally, there are different legal claims ranging from negligence under Oregon’s Tort Claims Act, Strict Liability for Foster Children abusing others, and Civil Rights violation for the State’s violations of the child’s civil rights.

Building a Case:

To successfully sue the State of Oregon DHS, it's crucial to gather compelling evidence of abuse or neglect. This may involve obtaining medical records, testimonies from witnesses, DHS CPS Records (investigative reports and findings), police reports, and any documentation of any reported incidents. Engaging the services of an experienced attorney with expertise in child welfare cases is essential for building a strong case against the government agency.

Challenges and Considerations:

Suing a government entity comes with its own set of challenges, including legal hurdles and potential backlash. The process can be lengthy and emotionally draining, requiring a resilient commitment to the pursuit of justice. It's essential to weigh the potential benefits against the inherent difficulties, considering the impact on the affected children and their families.

Advocating for Change:

While legal action is a route for seeking justice for individual cases, it's also an opportunity to bring attention to systemic issues within the foster care system. Ross Law and others can leverage the legal process to push for policy changes, increased transparency, and improved oversight to prevent future cases of abuse and ensure the well-being of all Oregon’s foster children.

Conclusion:

Suing the State of Oregon DHS for foster child abuse is a challenging but potentially impactful endeavor. It requires dedication, a strong legal strategy, and a commitment to improving the overall welfare of vulnerable children. By holding the state accountable, individuals can contribute to a broader conversation about the need for reform within the foster care system, ultimately working towards a safer and more protective environment for all foster children.

Need Help?

If you or someone you know has been abused while in the custody of the State of Oregon please call Ross Law at 503.224.1658 to discuss your case. Attorney Jeremiah Ross has represented foster children and victims of Oregon’s DHS’s failures throughout the State of Oregon.



What People Harmed by Oregon DHS's Negligence Need to Know about Tort Claims:

What People Harmed by Oregon DHS's Negligence Need to Know about Tort Claims:

When individuals or families find themselves involved in disputes with Oregon's Department of Human Services (DHS), they may consider filing a lawsuit to seek compensation for damages caused by the agency's actions or negligence. However, before proceeding with a lawsuit against the DHS, it's crucial to understand the importance of Oregon's Tort Claim Notices. This blog post aims to shed light on the significance of these notices and the essential steps involved in filing a claim against the Department of Human Services.