Sherman v. Dept. of Human Services

The Oregon Tort Claims Act provides express statutory permission for child abuse suits to proceed without state immunity regardless of the time limitations imposed by ORS 12.115 because ORS 12.117 provides an exception for claims of this nature.

Sherman filed child abuse claims against the Department of Human Services (DHS) for abuse she sustained as a child in Oregon’s foster care system administered by DHS. At trial, the court dismissed DHS’ claims and held that the claims were time-barred by the statute of ultimate repose, ORS 12.115, and as a result, the Oregon Tort Claims Act (OTCA) did not operate to waive the state’s immunity. The Court of Appeals reversed. The Oregon Tort Claims Act provides express statutory permission for child abuse suits to proceed without state immunity regardless of the time limitations imposed by ORS 12.115 because ORS 12.117 provides an exception for claims of this nature. The Oregon Supreme Court affirmed and held that the OTCA provides express statutory permission for suits of this nature to proceed because the claims involved child abuse. The Court reasoned that the text and context of the OTCA does not permit a reading that ORS 12.117 does not apply to state actors. Rather, the exception provided for under ORS 12.117 applies to all child abuse claims. Therefore, no additional waiver of immunity was required, other than that found in the OTCA, so long as Sherman’s child abuse claims were brought under that statutory scheme. The decision of the Court of Appeals is affirmed.