Lawyers representing Oregon foster children have filed a class action lawsuit in federal court asking a judge to end the Oregon Department of Human Services’ practice of housing foster children in hotels and state offices.The lawsuit names DHS, its director, Clyde Saiki, and Deputy Director Reginald Richardson as defendants, and describes the practice of “rendering foster children functionally homeless” as illegal and unconscionable.

“If a parent fails to provide adequate housing for her child, she might well be subject to DHS intervention in Oregon. … But inadequate housing is precisely what DHS is providing unplaced children in its custody,” according to the suit.

DHS documents show that the number of foster homes in Oregon is plummeting, but kids removed from their families by the state still need somewhere to stay. That’s led officials to put up kids in DHS offices, hotels, hospitals — or in one exceptional case, a juvenile jail.

DHS officials declined to comment on the litigation. However, Richardson, the deputy director, has previously said the system is at crisis levels and that kids are only placed in hotels or offices as a measure of last resort. Yet the attorneys responsible for Tuesday’s lawsuit say DHS doesn’t keep good data on how many foster kids are in that situation.

The lawsuit was filed by Richard Vangelisti of the Vangelisti Law Firm and nonprofit law firm Youth, Rights & Justice. Reached by phone, Vangelisti said he hopes a U.S. District Court judge will declare illegal the state’s practice of removing kids from their homes without ready placements. Money awards are not being sought.

The suit also claims that DHS inflicts emotional harm on foster children by moving them too much. Many foster kids are already traumatized or have mental health conditions — vulnerabilities exacerbated by the moves, according to the suit. It says that DHS documents show the agency is well aware of its own shortcomings, yet has not taken the necessary steps to reform.

Vangelisti said the plaintiffs in this case attempted to find common ground without litigation. The suit says Richardson agreed to meet and discuss the situation, but cancelled hours before the meeting was to begin.

DHS has faced heightened scrutiny this year as news reports have revealed child abuse at foster homes and agency mismanagement.

Officials have been working to turn things around at DHS, with Gov. Kate Brown hiring Saiki as the agency’s new director and Lena Alhusseini as foster care director. Brown also ordered a comprehensive audit. That audit found rates of child abuse among Oregon foster homes is on the rise, and has surpassed the nationwide mark.

Last year, more than 11,200 kids spent at least a day in foster care in Oregon, according to DHS data.