A federal court monitor found that Mississippi’s Department of Child Protection Services met approximately 20% of applicable safety measures related to foster care throughout most of 2025, according to a report published on July 29. The assessment, submitted as part of the ongoing Olivia Y. v. Barbour federal lawsuit, revealed that children in state care experienced abuse or neglect at more than double the federally permitted rate.
The report documented several critical gaps in child protection. Foster children were frequently placed in unlicensed facilities or with relatives before background checks were completed. Caseworkers conducted required in-person visits at substantially lower rates than mandated, with workers attending less than half of their required meetings with children, foster parents and biological families. Additionally, 22 children under age 10 were found living in group housing facilities despite court-ordered prohibitions except in specific circumstances. The state completed abuse investigations in a timely manner only about 50% of the time, falling far short of the required 90% standard.
The report also identified data collection problems that hindered full assessment of compliance. The child protection department undercounted maltreatment incidents, with the monitor identifying at least 18 additional cases beyond the 25 to 30 reported by the agency. Additionally, the department failed to provide sufficient information for the monitor to evaluate whether certain requirements were being met, and miscalculated some safety measures. The report cited specific cases where the department’s investigations appeared insufficient to address documented concerns of abuse.
State officials, represented by Attorney General Lynn Fitch’s office, are seeking to dismiss the decades-old lawsuit, arguing Mississippi has made sufficient progress in child safety. Department Commissioner Andrea Sanders cited policy improvements and organizational changes in a May affidavit. However, attorneys representing foster children argued the new report contradicts the state’s dismissal motion and will be incorporated into their response due by late August. Marcia Lowry, lead counsel for foster children, emphasized that while some measures showed improvement compared to 2020, the overall number of unmet safety requirements in 2025 remains unacceptable.
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