Mississippi (Olivia Y. v. Barbour)
Overview
Children’s Rights filed its class action against the state of Mississippi in 2004, on behalf of the more than 3,500 children in foster care there. The federal complaint asserts that the State has long been aware of pervasive failures within its child welfare agency, the Division of Family and Children’s Services (DFCS), which pose a risk to children in state custody. Among the problems cited:
- After an allegation of abuse or neglect is confirmed, DFCS frequently fails to open a case or provide services, instead leaving children in harmful environments or placing them with relatives without conducting proper safety screenings;
- DFCS routinely places children as young as toddlers in large group facilities, often more than 50 miles away from their homes. Many institutions are unlicensed and therefore do not have to comply with state and federal requirements for staffing, training, corporal punishment, or planning for children’s futures;
- DFCS caseworkers are poorly trained and overburdened with dangerously high caseloads; and
- Children live in emergency shelters and other temporary holding facilities for months at a time, due to a lack of appropriate foster placement options.
A settlement agreement with Mississippi officials mandating top-to-bottom reform of the child welfare system was reached in 2007, shortly before the scheduled trial date, and approved by the federal court on January 4, 2008.
Children’s Rights is currently working with state officials to help them implement the reforms mandated in the settlement.
