Jackson Free Press

The state admitted that it has not met court-order requirements in a 7-year-old lawsuit, Olivia Y v. Bryant, intended to change the state's foster care system. Gov. Bryant has agreed to hire an Executive Director of the Department of Family and Children's Services, which will soon become a cabinet-level position. Additionally, a group will be hired to consult with the state over the next four months and recommend changes necessary to protect Mississippi children going forward. Bryant has also agreed to call a special session of the legislature if the recommendations require legislative changes.

The press release from A Better Childhood, an advocacy organization that works on behalf of abused and neglected children, has been re-printed below in full:

Facing an evidentiary hearing for contempt scheduled to begin in federal court on August 10, the state has conceded that it has not met court-ordered requirements in the 7-year-old lawsuit, Olivia Y v. Bryant, intended to reform the state’s foster care system.

In an Agreed Order submitted to Judge Tom Lee on July 21, the state agreed with factual charges made against it in reports submitted by the court-appointed monitor. In the Order, the parties also agreed on steps that will determine whether the plaintiffs will continue to seek a receivership, this time based on specific recommendations from a neutral consulting group, or whether the state can and will make the changes necessary to finally reform the Mississippi foster care system.

The plaintiffs in the lawsuit, who are all of the children in foster care in the state, had asked the court to find the state in contempt of the court orders for reform, and to appoint a receiver to take over the administration of the state’s foster care system. The state’s admission of non-compliance resolves the first part of the contempt motion. The order submitted to the court today directs the employment of an expert group to make recommendations to achieve compliance, and leaves open the question whether a receiver will be required to administer the state’s foster care system.

The lawsuit was filed in 2004, asserting widespread violations of children’s constitutional rights in the foster care system. Although the case was settled in 2008, the state has never been in compliance with the terms of the settlement.

This is the second contempt motion filed in the case. After the first motion, a new settlement agreement was approved by the Court, but failed to produce necessary results.

“It was clear to us, given the state’s history in implementing these court orders, that the state simply lacks the capacity or the will to run a child welfare system that protects the children of Mississippi,” said Marcia Robinson Lowry, executive director of A Better Childhood, a national advocacy organization that works on behalf of abused and neglected children. “We have asked the federal court to appoint a receiver to take over the system. However, we think the appointment of a well-qualified expert group to make specific recommendations is an important step …