05/21/2026
“A New Agency… Same Old Problems?”
Part 5 of 10: Mississippi Built a New Child Welfare Agency. Three Years Later, Court Monitors Said the State Was Still Missing Most of Its Targets.
When the state of Mississippi was sued in Olivia Y. lawsuit, they weren’t suing one social worker. They weren’t suing one county office. And they weren’t suing one bad placement. They were suing an entire system.
At the time, Mississippi foster care operated under the Mississippi Department of Human Services (DHS), an agency children alleged had become so overloaded, understaffed, and poorly supervised that children in state custody were being exposed to:
“an unreasonable risk of serious harm, abuse, neglect, and death.”
So when Mississippi announced in 2016 that foster care would be removed from DHS and placed under a brand-new agency, it sounded like a turning point.
The state created the Mississippi Department of Child Protection Services (MDCPS), an independent agency dedicated solely to child welfare. It looked like Mississippi had finally taken Olivia Y. seriously, But then came the numbers.
By 2019, three years after MDCPS was created, the numbers show whats really going on. Out of the 113 measures in the lawsuit only 37 had been met.
That’s: 32.7% compliance
Meaning: 76 required benchmarks were still being missed.
What Were Those 76 Missed Benchmarks?
* worker caseload compliance,
* timely face-to-face visits,
* placement stability,
* foster home availability,
* healthcare compliance,
* permanency planning,
* abuse investigations,
* sibling placements,
* documentation accuracy,
* supervisory oversight.
These were the very areas children said were failing when Olivia Y. began. And years after Mississippi created MDCPS many of those same issues were still under court correction.
If the New Agency Was Working, Why Didn’t the Court End the Lawsuit? Because instead of dismissing Olivia Y the federal court did the opposite. In 2021, it ordered a:
Rebuilding Period, Mississippi was ordered to go back and rebuild performance in key areas including:
* staffing,
* foster home recruitment,
* healthcare,
* abuse investigations,
* permanency,
* data accuracy.
That means five years after MDCPS was created, the court still wasn’t ready to let Mississippi operate without oversight. And accountability is exactly why Olivia Y. existed in the first place.
Coming Next:
Part 6 — “Qualified on Paper… But Who’s Staying?”
Sources for Part 5
Original Lawsuit Records
* Civil Rights Litigation Clearinghouse – Olivia Y. Case Archive
* A Better Childhood – Mississippi / Olivia Y. Overview
Federal Settlement Documents
* Second Modified Mississippi Settlement Agreement (PDF)
* 2nd Modified Settlement Agreement Archive Page
Federal Rebuilding Order
* 2021 Joint Stipulated Order for Rebuilding Period (PDF)
Compliance / Agency Records
* Mississippi Department of Child Protection Services Strategic Plan (referencing Olivia Y. compliance measures)
* Mississippi Department of Child Protective Services Overview
Reporting and Background
* Mississippi Today – Foster Care System Oversight Reporting
* Mississippi Free Press – Olivia Y. Settlement Coverage