The Mississippi House on Monday overwhelmingly approved a bill that would lead to establishing a free-standing Division of Child Protective Service and, in the process, apparently end a federal lawsuit first filed in 2004 alleging inadequate administration of the state’s foster care system.

The vote Monday passed with a 115-3 margin. It was bipartisan and had the backing of Republican Gov. Phil Bryant and Democratic Attorney General Jim Hood.

Settlement of the lawsuit, which stemmed from alleged mistreatment of a 4-year-old child in 2003 in Waveland, apparently would allow the state to retain control of the foster care system and avoid receivership into federal hands.

The young girl in Waveland was joined by 12 other children in what became a class-action lawsuit. The lawsuit supposedly was settled in 2008, but the state did not keep its part of the settlement, and now finds itself back in court and in the Capitol seeking a legislative solution to avoid becoming the first state with a foster system seized and taken over by the federal government.

Agreement within the Legislature on a proposed bill is a major step, but the bigger step will come later when it is time to fund the law. Legislators said this week the cost is expected to be about $34 million, which will allow hiring of more social workers and other improvements to meet terms a final settlement.

The New York Times reported, “(A)t a time when 19 states are facing systemwide lawsuits that claim high rates of abuse and neglect of children and serious foster home shortages, Mississippi has become a case study in just how long and egregiously a state system meant to protect children can continue with substandard care that is out of compliance with a court order.”

Mississippi’s foster care system, like those in other states, is designed to protect children who have been removed from their homes by a court order. Ideally, children are placed with licensed foster families, who receive between $684.90 and $1,546.50 per month per child. But according to data provided by the state agency, The Times reported Mississippi had 1,486 licensed foster homes for 5,142 children in its custody as of December.

Mississippi officials acknowledge the challenges. In addition to the 5,142 children in foster care, 4,367 are being monitored by the state but have not been placed in custody.

Foster care is supposed to protect children, and if the system is not adequate the sole reason for the law and policy fails.

Funding and implementing a new law must remain a priority for passage in 2016.

 

—Northeast Mississippi Daily Journal