Child welfare draws lawsuit

Their work involved investigating child abuse and neglect, taking protective custody of children and working with juvenile courts.

They allege in a lawsuit filed in Wasco County Circuit Court in late March that three supervisors violated state law and departmental policy and put children at risk.

The two women maintained that the DHS was required to petition the juvenile court for jurisdiction over child cases, and “not rely on a protective action plan” created by DHS itself, the lawsuit contends.

The suit alleges that when the outspoken women complained to their managers, they were told “you will do what we say.”

The suit contends that “If the DHS heeded the complaints of the plaintiffs, the state could have avoided injuring a child or children who were left at increased risk of harm due to the state’s shoddy child care practices.”

The suit did not provide further details about that contention.

Johnson was fired in April 2015 and Ferguson in July 2015. In addition to alleging wrongful termination, they contend the state whistleblowing statute was violated.

They also complained about the use of powers of attorney in the field, when this was “not an appropriate use of the state’s power to take control over children,” the lawsuit alleges.

The women were told by their attorney not to comment to the Chronicle. Their attorney did not return multiple calls seeking comment.

The DHS does not comment on pending litigation, a spokesman said.

The women made multiple, repeated reports of alleged law violations to a wide range of people, including their union, a local judge, the governor’s office, lawyers involved in juvenile proceedings, and their state and federal elected representatives, the lawsuit states.

Both women made written reports to their supervisors alleging violations of state law and department policy, as well as mismanagement of staff, the lawsuit alleges.

The lawsuit alleges that their supervisors responded that “management is policy” and “the train is leaving the station and if you are not on board you will find yourself walking the pavement looking for a new job.” Twice in 2014, a judge in Wasco County Circuit Court “identified the law violations of DHS and the mismanagement of plaintiffs being compelled to violate the law,” the lawsuit alleges.

The two women told the judge they were acting under direction of their employers and the judge told them the court would “personally hold the plaintiffs accountable for the law violations compelled by” the DHS, the suit alleges. The judge warned them not to bring another such violation back before the court, the suit alleges.

Johnson informed her manager in December 2014 “she would no longer participate in DHS’s willful misuse of protective action plans,” the lawsuit stated. Ferguson said the same thing the next month.

In December 2014, according to the lawsuit, managers told the women, “’It’s not your job to worry about following the law, and not to worry about following the direction of the court, and to leave the ‘legal interpretation and arguments to the attorneys.’” The women were also told that the judge “just needed to be ‘educated.’”

Johnson earned about $65,000 a year plus benefits worth about $4,000 per month. Ferguson earned about $71,500, with benefits worth about $4,000 per month.