Oregon lawmakers are pushing back against the Department of Human Services (DHS) Child Protective Services for what they see as a misinterpretation of state law—one that could undermine accountability in the child welfare system. The controversy centers on how DHS determines when to launch a Critical Incident Review (CIR) after a child dies in a household where a prior concern has been reported.
Under Oregon law, a CIR must be conducted when a child dies of suspected abuse or neglect, and the household was previously reported to the state for a suspected abuse concern within the past 12 months. However, Oregon’s DHS has taken a narrower view, saying it only initiates reviews when the initial report met the agency’s own threshold for an "abuse" allegation. Reports that DHS "screens out"—such as those involving children who are sick or lacking emergency contacts—are not counted as abuse concerns, even if they indicate potential risks. DHS’s interpretation permits it to put on legal blinders when addressing its failures to protect medically fragile children.
This interpretation came under fire after DHS failed to conduct a CIR following a child's death in a foster home, despite a prior hotline report about the household. When another child in the same home died a month later, the agency did conduct a review, revealing the earlier case and prompting scrutiny from lawmakers like Sen. Sara Gelser Blouin. She argues that DHS is sidestepping the law’s intent, which is to ensure a review whenever there’s been any prior report of suspected abuse or neglect—whether or not the agency agrees it meets the legal threshold for "abuse."
According to Oregonlive, Gelser Blouin has introduced an amendment to clarify the statute, adding the word “suspected” to make clear that DHS must launch a review whenever there’s a prior report of concern, not just when the agency decides to act on it. The amendment passed the Senate Human Services Committee last week, highlighting the legislature’s frustration with DHS’s approach.
DHS maintains it is following existing protocols and not seeking to reduce the number of reviews. But legislative attorneys disagree, and the proposed amendment underscores the tension between the agency and lawmakers over how Oregon protects vulnerable children.
Senator Blouin’s efforts are critical to ensuring that DHS holds itself accountable, learns from past mistakes, and improves its practices to better protect children. At Ross Law, we are dedicated to helping families when DHS fails in its duty—especially when those failures result in the injury or death of a child. This includes when medically fragile children do not receive the care they need and deserve, and we stand up for families when DHS’s inaction leads to preventable tragedies. If you or someone you know was abused or neglected as a result of Oregon’s DHS’s inaction, please call Oregon lawyer Jeremiah Ross and Ross Law PDX at 503.224.1658 to discuss your options.
