After years of extensive sexual and physical abuse at the hands of their caretakers, four former foster children in Oregon are seeking justice.
After years of extensive sexual and physical abuse at the hands of their caretakers, four former foster children in Oregon are seeking justice. The Oregon Department of Human Services has agreed to pay a $40 million settlement – the largest in an Oregon state foster care lawsuit – after a five year battle.
Melissa and Casey Miller, a couple in Keizer, Oregon, became certified as foster parents in their 900-square-foot home. In December of 2011, their first two foster children arrived. Within the first month, the two-year-old began to show signs of physical abuse, including “bruises and marks on his face, ears, neck, ribs, and legs.” The older child, a 5-year-old girl, showed signs of sexual abuse and was denied visits with her biological mother. Various complaints were made regarding both of these children, including calls to the child abuse hotline. The agency disregarded these claims and worked with the Millers to keep the young girl from her mother.
In 2013, a 3-year-old foster child was placed with the Miller family. The young child began to display clear signs of abuse including physical injuries, anxiety, and distress. Upon arrival, an agency caseworker noticed “a lack of cleanliness and safety hazards, including cobwebs, mold, peeling paint and dangling power cords.”
Still, DHS placed a fourth child in the home. The 10-year-old girl was treated at an emergency room shortly after her assignment to the Miller household, and had seven fractures on her arms and legs. Casey Miller later told detectives that he tended to “yank” and “grab” the girl, and that he once heard a “loud pop” from the child’s arm.
Miller was arrested for criminal mistreatment, a felony due to physical injury, and withholding medical attention. DHS had already received multiple reports of Miller’s mistreatment and abuse, but continued to rely on Melissa Miller’s various testimonies that the children were simply “acting out.”
During Casey Miller’s criminal investigation, questions concerning the possibility of brittle bone disease surfaced. Because of this, the agency contacted Oregon Health & Sciences University for testimony. OHSU’s team was unaware that the agency purposefully withheld police reports that contained Miller’s statements. After these documents were released by a prosecutor, OHSU research concluded that brittle bone disease was not a factor in the child’s injuries.
Casey Miller was sentenced to 3 years of probation.
Between 2015 and 2017, multiple reports were made against Miller. Foster children claimed that they had experienced sexual abuse while under his care. In one case, Miller forced a young girl to watch pornography, sexually assaulted her, and then offered her “chewing gum or pocket change from his job at a gas station,” the lawsuit said.
In 2017, Casey Miller was sentenced to 30 years of prison for sexual abuse. Melissa Miller remained free.
Steven Rizzo and Mary Skjelset, dedicated Portland attorneys, fought against the state agency for years. Throughout multiple investigations, the lawyers experienced extreme resistance when requesting crucial records from DHS.
In order to reach the $40 million settlement, attorneys reviewed more than “233,000 pages of agency records and other documents, including counseling, school and medical records” from over 20 other organizations.
“Weaponizing the law against children that it failed to protect, DHS caused unnecessary delay and expense,” attorneys for the plaintiffs stated.
The former foster children are almost legal adults, and they each want to witness a change in the system. Although court documents are unable to disclose specific details, the survivors will split the value of the awarded settlement.
Authors: Andy Goldwasser and Alexis Kabat
