In 2004, the state was sued by six children in foster care for failing to provide adequate care for children in state custody.
BILOXI, Miss. — Attorney General Lynn Fitch announced that the state has filed motions in the U.S. District Court for the Southern District of Mississippi to end federal court oversight of the state’s child welfare system that resulted from the 2004 Olivia Y. lawsuit.
In 2004, the state was sued by six children in foster care for failing to provide adequate care for children in state custody. After settling in 2007, a reform plan was implemented to improve the system. According to the filing, over the past 22 years, the system has seen significant improvement.
However, the filing argues that too much time and money are being spent on collecting data and paying legal fees instead of actually improving a system meant to serve children. The state has spent over $25 million on legal fees, including more than $8 million paid to the plaintiffs’ lawyers and a court-appointed monitor, according to Fitch.
State officials also noted that since 2021, the Second Modified Settlement Agreement has been suspended, allowing the state to focus on reforms without ongoing administrative requirements from the court-appointed monitor. As part of the reported improvements, officials said that the average caseload is now 11.3 cases per caseworker, down from more than 100 per worker as alleged in the lawsuit.
In addition, the state amended the definition of “neglected child” to exclude a failure to provide food, clothing, or shelter caused primarily by financial inability unless relief services have been offered and refused and the child is in imminent risk of harm. State officials also established the Mississippi Academic Pathways Scholarship and a partnership with accredited social work programs at eight universities to provide a pipeline of qualified social workers to CPS.
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CPS Foster Care Child Welfare System Olivia Y. Lawsuit Attorney General Lynn Fitch Southern District Of Mississippi U.S. District Court State Custody Legal Fees National Licensing Standards Neglected Child Mississippi Academic Pathways Scholarship Federal Oversight
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