Salem, Oregon — The estate of a 5-year-old Coos County boy who died of hypothermia in the woods near his home in November 2024 has sued the Oregon Department of Human Services, alleging caseworkers closed a neglect assessment as unfounded three months before his death despite repeated warnings. The wrongful death lawsuit, filed Nov. 2 in Marion County Circuit Court, seeks up to $17 million.
What the lawsuit alleges
The suit was brought by Nicole Svoboda’s Fiduciary Services, the personal representative of the boy’s estate, which is represented by the Gatti Law Firm, KVAL reported. It names the State of Oregon, through ODHS, and the boy’s mother as defendants. Three claims against ODHS allege negligence and violations of state laws and rules governing child abuse investigations. A fourth accuses the mother of reckless conduct. The estate seeks up to $17 million in noneconomic damages and a jury trial. The allegations have not been proven in court.
According to the complaint, the boy had developmental delays and was largely nonverbal. His pediatrician recommended an autism evaluation in November 2021 and renewed referrals in December 2023, but he was never evaluated or enrolled in developmental disability services, the lawsuit says.
Warnings ODHS received
ODHS’s own Critical Incident Review Team report confirms the core timeline. On May 14, 2024, the state’s child abuse hotline received a report describing an unsanitary home, heavy daily drinking, beer bottles within the child’s reach and a boy left unsupervised while his mother slept.
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On May 17, the mother told a caseworker at the door that the child was sleeping and would not let the worker inside, the review states. The lawsuit alleges ODHS procedures required the worker to seek law enforcement help when denied access to a child whose safety was in question, and the worker did not. It also alleges that on May 24, an assistant attorney general found enough information to file a custody petition and approved a protective custody declaration if the mother kept refusing to cooperate. No petition was ever filed, the suit says.
A second hotline report came July 12, 2024, describing the home as unsafe and unsanitary. On Aug. 5, a supervisor approved closing the assessment, with neglect ruled unfounded because the house was messy but not unsafe and the mother was seeking help from friends to care for him, according to the review. The lawsuit alleges no safety plan was developed.
Where the system failed
The boy was reported missing from his home in Hauser on Nov. 9, 2024. His body was found days later about 1.6 miles away, and investigators determined he died of hypothermia and exposure, KOBI-TV reported. Afterward, ODHS found the mother’s neglect founded on three grounds: failing to have him assessed for developmental delays, exposing him to an unsafe and unsanitary home and failing to supervise him. The lawsuit says all three concerns had already been reported to ODHS or were discoverable.
The CIRT determined that sufficient information to support safety planning was gathered during the CPS assessment, open from May 2024 through August 2024.
Critical Incident Review Team final report, Oregon Department of Human Services
The review says ODHS did not intervene because the mother twice planned to move to other states, then returned to Oregon. It found that subject matter experts were not consulted, that no services were documented for the boy’s special needs and that the parent’s professional status may have influenced staff. A separate screening found no indication the caseworker or supervisor were negligent. The boy’s father told KOBI-TV he disagrees.
No criminal charges have been reported. The Coos County Sheriff’s Office has said the death investigation remains closed unless new information emerges, according to KOBI-TV.
What’s next
ODHS had not commented on the lawsuit when KVAL published its story. When the estate announced plans to sue in November 2025, an ODHS spokesperson declined to comment, citing pending litigation, KOBI-TV reported.
There were multiple opportunities for intervention, as mentioned in the complaint, and yet the system failed him.
Gatti Law Firm, statement published by KVAL
The agency’s own reviewers found it had the information it needed, yet the case closed with no safety plan, and an internal screening cleared the workers involved. When an agency investigates itself and finds no one at fault, families are left to seek accountability in court. Read FAN’s guide to how CPS investigations work.
Key facts
- Wrongful death lawsuit filed Nov. 2, 2026, in Marion County Circuit Court against the State of Oregon, through ODHS, and the boy’s mother.
- The estate seeks up to $17 million in noneconomic damages and a jury trial.
- ODHS received hotline reports about the 5-year-old on May 14 and July 12, 2024.
- The lawsuit says a custody petition was never filed after an assistant attorney general found sufficient grounds in May 2024.
- ODHS closed the assessment Aug. 5, 2024, with the neglect allegation unfounded.
- The boy went missing Nov. 9, 2024, and died of hypothermia; ODHS later found neglect founded on three grounds.
- ODHS’s review team found it had enough information for safety planning.
Sources
- KVAL — Lawsuit accuses ODHS of ignoring repeated warnings before Coos County boy’s death (2026-11-05)
- Oregon Department of Human Services — Critical Incident Review Team Final Report, CIRT ID S9I6N6ZMB6 (2025-02-21)
- KOBI-TV NBC5 — Coos County boy’s estate plans to sue ODHS; father calls for accountability (2025-11-24)
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