Written by: Colin Staub, Newberg Graphic 

Settlement means homes will remain closed, but that CYFS does not concede to allegations

Chehalem Youth and Family Services has settled with the Oregon Department of Human Services and has withdrawn its appeal of the state’s decision to close several Newberg youth homes.

The homes will remain closed and CYFS will not seek to regain its license to operate them for at least two years, according to a settlement reached in mid-October.

Hearings were initially scheduled in early November to contest the state’s revocation of CYFS’s license to operate residential care homes, according to attorney Connor Harrington, representing CYFS. Although officials with the Office of Administrative Hearings confirmed earlier this month that the hearings had been canceled and the case was no longer scheduled to go before an administrative law judge, details of the settlement between DHS and CYFS were not released under a records request until Monday morning.

Background

The license saga began in June when DHS announced it would revoke the local youth care provider’s license to operate group homes for troubled youths. In a widely-distributed notice DHS cited complaints about neglect, maltreatment, lack of supervision, failure to complete mandatory reporting, failure to perform duties to protect a youth’s health and safety, and financial mismanagement as its reasons for the revocation.

The revocation notice listed a number of concerning incidents that had allegedly taken place since CYFS last renewed its license in 2014. An investigation by the state Office of Adult Abuse Prevention and Investigations found many of the incidents were “substantiated” and state and local officials met with CYFS representatives multiple times in early 2016 to try and resolve the reported problems.

By early June, DHS Director Clyde Saiki said the “serious and continuing issues constitute a risk to the health (and) safety of the youth in care” at CYFS and he directed the state licensing office to revoke its ability to operate residential care homes.

Soon after CYFS Executive Director Deborah Cathers-Seymour contested the state’s decision, describing it as a political move rather than one focused on youth care. She alleged DHS was overcompensating from its failure to address abuses that had occurred in other programs such as Give Us This Day in Portland, and that DHS was conducting “rampant frivolous investigations that make no common sense just to prove they are doing something.”

CYFS appeals

Under the revocation process CYFS had the right to request a hearing appealing the decision, which the Newberg nonprofit did in late June. Representing CYFS, Harrington wrote that the goal was to “counter all of the findings asserted by DHS to the fullest extent possible.”

The state barred release of almost any information about the case after the hearing was requested, with DHS explaining it was due to the allegations involving abuse and to protect the privacy of the youths involved.

The roughly 16 youths who were living in CYFS homes were moved out over the summer and relocated to “various appropriate placements,” DHS confirmed.

Harrington provided a couple updates as the summer progressed, indicating he had met with Department of Justice attorneys and the judge who would be overseeing the hearing, which he said was scheduled for early November.

But on Monday DHS provided the settlement agreement that all parties signed on Oct. 15, along with withdrawals of the hearing request, of a license renewal, and of a separate hearing request when the license renewal was also declined by the state.

According to the binding agreement, after the hearings were requested “the parties began discussing alternative options” to resolve the license revocation appeal. The settlement summarizes that CYFS disagrees with the state’s findings and license revocation, “but nevertheless willingly, and without making any admission herein, enters into this agreement to resolve the (revocation) notices without the necessity of further administrative proceedings.”

Settlement details

There is no mention of any of the specific incidents that led to abuse and other allegations described by DHS in June. Instead, the settlement indicates that although CYFS is closing its group homes, it “makes no admissions of any kind relating to or arising from” DHS’s actions.

Instead of DHS forcibly shutting down the group homes, the settlement describes the situation as CYFS “voluntarily” relinquishing and surrendering its license to the state. Although nothing prevents CYFS from applying to operate a similar youth care program, the settlement stipulates it will not do so for at least two years.

Besides the residential care program, CYFS operates the Chehalem Counseling Center, Youth Opportunity Occupations Program, Lucky Finds Thrift Store and more. The settlement makes clear these programs are not part of this action and that they can “remain intact.”

The essence of the settlement, evidenced in a point outlining how both parties should characterize the situation in public statements, is that the parties agree the state had “a reasonable and good faith basis” to investigate the allegations about the homes and to take action, but that CYFS does not admit to any of the findings and is voluntarily giving up its license.

“(CYFS) is pleased to have resolved its disputes with (DHS) over allegations of abuse and neglect at CYFS residential care facilities,” Harrington said in a prepared statement Monday evening which he requested be printed in its entirety. “Although CYFS still disputes any such allegations, resolving the disputes without need for a hearing allows CYFS to remain focused on providing quality youth and family services throughout the community. CYFS has always taken allegations of abuse and neglect seriously and recognizes that DHS had a reasonable and good faith basis to investigate the allegations of abuse and neglect described in its notices. CYFS is looking forward to continuing its mission of encouraging and empowering youth and their families to grow mentally, emotionally and spiritually, and to reach their highest potential through the unique services CYFS provides.”

Cathers-Seymour added that two of the former youth homes have been sold and that if CYFS were to reapply in the future residential services would operate out of different facilities.

Sitka Academy will remain closed

The news of the settlement means the Newberg School District now knows for certain what will become of its Sitka Academy program, which began last fall and exclusively taught students in CYFS care.

The state informed the school district during the summer that there would be no students in CYFS care this school year, meaning the program did not have anyone to teach. In September the Oregon Department of Education asked the school district to keep the program ready to reopen in case CYFS prevailed in its appeal and reopened its homes during the fall.

Contacted Monday, the school district hadn’t received any official indication of how the appeal process went and district spokesperson Claudia Stewart had not been made aware of the October settlement agreement.

When informed of the outcome, Stewart confirmed “there are no plans of reopening Sitka.” She said all the staff positions in that program, which employed about a dozen teachers, were placed in vacant positions in the district for this school year. The program had start-up and operational costs of about $800,000 overall.