Jackson Free Press

A report in the Olivia Y case, filed on Jan. 6, found that an infant died within five days after entering the state's foster care system. The report found that the state had not inspected the home where the baby died before the baby was placed there. Judith Meltzer, from the Center for Study of Social Policy, found that the baby's death was a result of poor documentation and failure to "properly collect and document information significant to the licensing process" and "record information in the case record."

Mississippi's foster care system has actually gotten worst, the report found. Only 2 percent of children entering the foster care system received a health exam within 30 days, and 2 percent of foster parents received all the relevant medical information on a foster child within 15 days of placement.

The Olivia Y case has been ongoing since 2004, since the state was sued by A Better Childhood, a national nonprofit advocacy organization, on the state's foster care children's behalf. On Dec. 22, 2015 the federal court issued an order requiring that the state create the Division of Family and Children's Services--separate from the Department of Human Services. Gov. Phil Bryant selected former Mississippi Supreme Court Judge David Chandler to be the executive director of the new division on Dec. 29, 2015.

The court order also requires increased compensation and technology for caseworkers as well as an increase in foster homes in the state. Executive director of A Better Childhood, Marcia Robinson Lowry said there are far too few foster homes and workers in the state, in a press release. "The facts could not be more clear," she said in the release. "The foster care system in Mississippi is well beyond crisis."

Below is a press release from the Mississippi Department of Health, with an update on the measles outbreak in Shelby County, Tennessee and Mississippians affected by the outbreak:

The Mississippi Department of Health is monitoring four unimmunized Mississippi residents who were exposed to measles in Shelby County, Tennessee. The Shelby County measles outbreak began in early April 2016.

While no cases have been confirmed in Mississippi, MSDH is monitoring these exposed individuals closely. They are under home quarantine and the supervision of a physician. State Epidemiologist Dr. Thomas Dobbs says this is why getting and remaining up to date on vaccinations is critically important.

“Measles is literally knocking at our back door. This is a highly contagious, airborne disease and is easily spread from person to person. Unvaccinated individuals are highly susceptible to infection. This is a potentially deadly virus; infants and those with weakened immune systems are most at risk.”

The MSDH is strongly recommending that Mississippi children 12 months of age or older who are behind on measles vaccination call their primary healthcare provider immediately.

As of yesterday, Tennessee reported six confirmed cases. The Shelby County Health Department has a website listing location sites and times where infected individuals may have exposed others. Mississippi residents who have recently traveled to the area can go to http://www.schdresponse.com/content/measlesoutbreak for more information and instructions. People can get sick up to 21 days after exposure to measles.

Mississippi residents with possible exposure should call his or her medical provider immediately if they develop fever or rash within 21 days. Symptoms of measles include a high fever, cough, runny nose, red eyes, and a rash.

Mississippi healthcare providers have been made aware of the situation; measles is a Class One reportable condition requiring notification to MSDH within 24 hours. The MSDH is working closely with health partners in Memphis and Tennessee to maintain awareness of this evolving outbreak.

A news release from the Mississippi State Department of Health about City of Jackson drinking water is reproduced in its entirety below:

Today the Mississippi State Department of Health– after consultation with the Centers for Disease Control and Prevention and the Environmental Protection Agency, is advising all residents who receive their drinking water from the City of Jackson Water System to take the following precautions:

· Before using tap water for drinking or cooking, run your tap on cold for one to two minutes; for more detailed information visit www.cdc.gov/nceh/lead/tips/water.htm; · Households should never use hot water for drinking or cooking; · Any child five years of age or younger and any pregnant woman should use filtered water (NSF53 certified filter http//info.nsf.org/Certified/DWTU) or bottled water for drinking and cooking; · Baby formula should be “ready-to-feed” or prepared using only filtered water or bottled water; and · Parents with children six years or younger should contact their child’s pediatrician or primary care provider to ensure adequate lead screening and blood testing have been performed.

“Although the majority of home lead testing performed identified no lead, or lead below the action level of 15 ppb, we are issuing these recommendations as a special precaution for young children and pregnant women,” said State Epidemiologist Dr. Thomas Dobbs.

“It’s important to remember simple measures, such as flushing the faucet for one to two minutes, can markedly reduce lead levels in tap water,” added Dobbs.

The Mississippi State Department of Health will mail the above health recommendations about lead to all customers on the City of Jackson Water System, and will closely monitor the City of Jackson’s progress to reduce the corrosiveness of water. Corrosive water leads to leaching of lead in some older homes where plumbing contains lead pipes or lead solder.

“We believe these precautions should remain in place at least six months while the City of Jackson makes the necessary changes required to stabilize the alkalinity and pH levels in the system. These changes should ensure better optimization of corrosion in the Jackson Water System, which should lead to minimal leaching of lead in home plumbing,” said Director of Health Protection Jim Craig.

Gov. Phil Bryant joined 15 other governors in pledging to refuse Syrian refugees should they be sent to Mississippi, following the terrorist attacks in Paris over the weekend that left 129 people dead and hundreds wounded in France.

Meanwhile, President Barack Obama has pledged to accept about 10,000 Syrian refugees and argued Monday that the United States needs to allow them because many are fleeing terrorism, and that they would undergo rigorous security checks before being admitted to the U.S.

"We also have to remember that many of these refugees are the victims of terrorism themselves. That’s what they’re fleeing. Slamming the door in their faces would be a betrayal of our values. Our nations can welcome refugees who are desperately seeking safety. And ensure our own security. We can and must do both," Obama said today at the G20 summit.

Mainly Republican governors from 16 states (including neighboring states Louisiana and Alabama) are responding to heightened concerns that terrorists might use the refugees as cover to sneak across borders after authorities said a Syrian passport was found near one of the attackers on Friday, according to an AP report. The Paris prosecutors' office says fingerprints from the attacker match those of someone who passed through Greece in October.

Bryant said in a statement that he is working with the Mississippi Department of Public Safety and the Mississippi Office of Homeland Security to determine the "current status" of any Syrian refugees that could be coming to Mississippi in the future.

Lavinia Limon, president and CEO of the U.S. Committee for Refugees and Immigration, told the Associated Press that under the Refugee Act of 1980 governors cannot legally block refugees. Each state has a refugee coordinator, a post created as part of that law and funded by the federal government. The refugee coordinator helps with resettlement efforts and directs federal funding for refugees in each state, Limon told the AP.

Gov. Phil Bryant's statement is below:

"I’m currently working with the Mississippi Department of Public Safety and Mississippi Office of Homeland Security to determine the current status of any Syrian refugees that may be brought to our state in the near future. I will do everything humanly possible to stop any plans from the Obama administration to put Syrian refugees in Mississippi. The policy of bringing these individuals into the country is not only misguided, it is extremely dangerous. I’ll be notifying President Obama of my decision today to resist this potential action."

Congressman Bennie G. Thompson (D-MS) wrote a letter to U.S. Attorney General Loretta Lynch, asking her to review the House Bill 1523, file a lawsuit against Mississippi and declare the bill unconstitutional, which Gov. Bryant signed into law on Tuesday. Below is the press release and the letter reproduced in full.

“Today, I sent a letter to United States Attorney General Loretta Lynch asking her to examine Mississippi House Bill No. 1523, the so-called “religious freedom” act, and file suit against the State of Mississippi for the overreaching, unconstitutional, and blatantly discriminatory piece of legislation.”

“The discriminatory bill that the governor signed into law yesterday places a dark cloud over the State of Mississippi and will harm the state in business, industry, academics and reputation. I implore the Attorney General and the Department of Justice to act swiftly on my request and work to make sure justice and equality prevail.”

Letter text below:

April 6, 2016

The Honorable Loretta E. Lynch Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Dear Attorney General Lynch:

On April 5, 2016, Governor Phil Bryant of the State of Mississippi signed into law the so-called “Protecting Freedom of Conscience from Government Discrimination Act.” This law purports to protect Mississippians from discrimination by government officials for practicing/observing their religious beliefs. A cursory review of MS House Bill No. 1523, reveals that this bill does no such thing: instead, it gives employers, business owners, and any other person or entity in Mississippi the explicit right to discriminate against anyone with a lifestyle they disagree with in the name of religion. Simply put, this is government-sanctioned discrimination.

Title VI of the Civil Rights Act of 1964 prevents discrimination by government agencies that receive federal funds. Here, an entire state has sanctioned discrimination against an entire LGBT population in MS. Moreover, Title VII of the Civil Rights Act prohibits discrimination against an individual because they are associated with a person of a particular race, color, religion, sex or national origin. There are countless other laws and regulations on the books that prevent discrimination in one way or another. MS House Bill No. 1523 clearly violates all of those laws. Therefore, I strongly urge DOJ to institute a lawsuit to declare MS House Bill No. 1523 unconstitutional and in violation of the United States Constitution and the previously identified and other civil rights statutes, regulations and executive orders.

A copy of MS House Bill 1523 is enclosed. Again, I strongly urge DOJ, as soon as possible, to file a law suit and take any other appropriate action against the State of Mississippi to strike down this discriminatory law. If you have any questions, please contact Trey Baker, Counsel in my Washington, D.C., office at 202-225-5876 or at [email protected]. I look forward to your response.

Sincerely,

Bennie G. Thompson Member of Congress

The Senate passed House Bill 1523 on March 30, which would allow certain elected officials, businesses and religious organizations to not offer services based on their religious belief that marriage is between a man and a woman. Although the bill's proponents say it protects individuals from government discrimination, its critics say the bill actually allows discrimination based on religious belief. Read about the full debate here.

Below is a list of organizations that oppose House Bill 1523:

Mississippi Economic Council, the state's Chamber of Commerce

The Mississippi Economic Council has updated its overall policy on diversity and opposes HB1523. Full statement below:

“As the State Chamber of Commerce for a state that has proven its hospitable and business-friendly approach, MEC opposes efforts that would intentionally or unintentionally prevent Mississippi businesses from implementing and enforcing non-discrimination policies or that would limit diversity and inclusion impacting their customers and employees. HB 1523 conflicts with this policy."

IBM "IBM is disappointed by the Mississippi legislature's passage of H.B. 1523, because we believe this legislation with permit discrimination against people based on their marriage status, sexual orientation, or gender identity or expression.

"IBM encourages Governor Bryant not to approve H.B 1523, and will continue to support passage by Congress of the Equality Act, which would provide federal non-discrimination protection to all Americans."

AT&T

"AT&T supports our freedom of speech and religion just as vigorously as we oppose discrimination. Legislation that permits discrimination against any of our employees or customers conflicts with our core values. Our position on discrimination is simple; we oppose it."

Levi Strauss & Co. "We believe that treating all people equally and fairly is good for business, and discrimination has no place anywhere. #NoOnHB1523"

Mass Mutual Tweet: "Diversity is a core value @massmutual. We encourage Gov. @PhilBryantMS to keep MS open for business and veto #HB1523."

Lance Bass Tweet: "An anti-LGBT bill in Mississippi is dangerously close to becoming law. Take action with me & @HRC to say #NoOnHB1523 hrc.org/Mississippi"

Statement: "Mississippi is my home—I was born there and grew up there. My husband Michael and I frequently travel back to Laurel to spend time with family. However, the state we know and love is under attack by hateful lawmakers who want to legalize discrimination. If they have their way, on our next visit, Michael and I could be kicked out of a hotel or refused emergency shelter in a storm just because of who we are. That does not sound like the Hospitality State. We are better than this bill, and I urge my fellow Mississippians to join me in calling on Governor Bryant to veto HB1523 when it reaches his desk." Read Diana Bass, Lance's mother, testifying to her church about learning that her son was gay: http://www.jacksonfreepress.com/news/2014/apr/30/diane-bass-testimony-her-church/

ACLU of Mississippi

Executive director of the ACLU of Mississippi Jennifer Riley-Collins released this statement today:

"The ACLU of Mississippi is deeply disturbed that the Mississippi State Senate passed …

Attorney General Jim Hood issued a statement in response to the DOJ Olmstead lawsuit, filed today in federal court. That statement is reproduced in full below.

JACKSON— A lawsuit filed today by the U.S. Department of Justice against the state of Mississippi provides the most meaningful opportunity yet for leaders to work together to continue to improve the state’s mental health system, Attorney General Jim Hood said today.

The federal government alleges that the state has violated the Americans with Disabilities Act by housing mentally ill individuals in institutions rather than community settings. The Department of Justice has filed similar lawsuits in about a dozen states alleging violations of the U.S. Supreme Court’s Olmstead decision.

“This lawsuit is a clarion call to all of us in state leadership to consider how we care for the least among us and how we can make it better,” Attorney General Hood said. “I see this litigation as a challenge to our Legislature to find the resources we need to continue to expand mental health services. This is a clear opportunity for our Legislature, mental health professionals, our faith-based community and all of us as Mississippians to come together to determine an effective way to address issues related to our mental health delivery system for years to come. It’s our obligation as Christians and people of faith to take care of those who are unable to take care of themselves. It’s time for each of us to move forward to better fulfill that fundamental responsibility.

“The state has made great progress in expanding community mental health programs, and we will continue to push for expansion. We have come a long way, but further work remains to be done.”

Attorney General Hood said his office has been negotiating with DOJ for several years in an effort to avoid litigation, which is expected to be a considerable cost to the state at a time when tax cuts have caused significant budget problems. However, the Attorney General refused to accept the federal government’s demands for a court-ordered consent decree that would bind the state to perpetual federal oversight.

Attorney General Hood had also hoped that good-faith efforts to address the state’s mental health needs might allay the federal government’s concerns. Thus, the Attorney General has encouraged lawmakers for years to allocate additional resources to the Department of Mental Health. The Legislature did provide some extra funding in previous sessions, but this year actually cut the Department’s budget by $8.3 million. Since 2008, the Department has been forced to eliminate approximately 500 mental health beds, in addition to 34 beds in 2016 because of the Legislature’s budget cuts and its refusal to provide additional money for mental health programs.

“Not only did the Department of Mental Health take a substantial budget hit, the Legislature did not agree to a request for more than $12 million for community mental health programs,” Attorney General Hood said. “That would have helped us continue our expansion of community-based mental health services …

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 …