The state is facing a $17 million lawsuit filed by the estate of a 4-year-old boy, who prosecutors believe was kicked and stomped to death by his own father in Portland. The lawsuit blames Oregon’s child-welfare agency for negligence, as they failed to investigate a report made two weeks prior to the incident about the boy’s unexplained forehead bruise.
The lawsuit filed regarding the death of Jhorden Clay highlights that even the Oregon Department of Human Services acknowledged, in a post-mortem evaluation of their handling of the case, that their child-welfare workers should have taken steps to investigate the abuse allegation.
According to the self-assessment conducted by DHS, the agency received a report on April 19, 2023, stating that the boy’s mother had taken a screenshot of a concerning bump or bruise on his forehead during a Facetime call. It was also discovered that the boy had been staying with his father for several weeks, as the father had refused to return him after a supposed two-day visit. The boy expressed fear towards his father and desired to be with his mother, while allegations were made about the father being heavy-handed with discipline. Despite these findings, DHS chose not to investigate the case and classified it as “closed at screening.”
Ware is facing charges of second-degree murder and first-degree criminal mistreatment. His trial is set to take place next year.
According to Jake Sunderland, a spokesperson for the DHS, he refrained from commenting on the lawsuit. However, he did express his sentiment by stating, “Anytime a child dies, it is a tragedy for the family and the community.”
Jhorden had been living with his mother, as mentioned in the court filings from the criminal case and the lawsuit. On April 7, his mother agreed to let him stay with Ware for two days during the Easter weekend. However, Ware did not return the boy as planned. Despite this, Ware allowed Jhorden’s mother to communicate with him through video calls, as stated in the lawsuit.
According to the lawsuit, the boy’s mother noticed a bruise on her son’s head and decided to report it to the Portland police. She took a screenshot of the bruise as evidence. The police then went to Ware’s home in Northeast Portland, but neither he nor the boy were there. They informed the mother that the Department of Human Services (DHS) would follow up on the matter.
According to the Critical Incident Review Team report by DHS, the boy had been on their radar even before his death. There were multiple allegations of mistreatment or neglect made against various adult family members, including his father. The first concern regarding the boy’s well-being was raised when his mother was still pregnant with him.
Portland attorney Amity Girt, who previously worked as a Multnomah County deputy district attorney handling child abuse cases, has filed a lawsuit in Multnomah County Circuit Court.
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