When Child Protective Services (CPS) is Involved: Oregon Legal Resources

Family Defense Project works with Multnomah County parents experiencing a CPS (Child Protective Services) investigation.

Must meet financial eligibility.

English & Spanish brochures.

Writ of Review

If there is a CPS investigation and the DHS report says the concerns are “unfounded” (meaning the caseworker believes no abuse or neglect happened to a minor), but the report has mistakes or leaves out relevant facts, there is a way to ask a judge to determine whether the caseworker failed to investigate properly. The request or petition submitted to the court is called a “writ of review.” It helps families to encourage or, frankly, force DHS Child Welfare to fix major mistakes and misrepresentations & to include relevant facts.

The link above leads to a site where one can scroll to: “File a Petition for Judicial Review.” Underneath this are forms and instructions to file “a Petition for Judicial Review from a Final Agency Order.” Several agencies, none DHS, are listed, but there’s also a form for “Other Agency.”

If the report says “founded” (meaning the worker believes abuse or neglect happened) or “unable to determine,” families have other ways to challenge the work of DHS Child Welfare. In a 2024 case called Kasliner v. Dept. of Human Services, for example, two courts agreed the investigation leading to a “founded” conclusion was biased (unfair).

In sum, if families act soon enough, they can seek help through the courts even for cases labeled “unfounded.” Just remember that the laws and rules around reviews, etc., might change. Know every deadline (aka statute of limitations) and get legal help if needed. Avoid relying solely on this post to identify your options. This post excludes describing, for example, suing DHS Child Welfare for negligence under the Oregon Tort Claims Act, which requires a notice of claim.

Experience Note: I worked for fifteen years with Oregon child welfare workers.

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