Bill Text: MS HB1318 | 2023 | Regular Session | Introduced
Bill Title: Baby drop-off and safe haven; revise provisions that regulate.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2023-04-19 - Approved by Governor [HB1318 Detail]
Download: Mississippi-2023-HB1318-Introduced.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary A
By: Representatives Ford (73rd), Felsher
House Bill 1318
AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF A CHILD THAT CAN BE DROPPED OFF UNDER THE "BABY DROP-OFF LAW"; TO AUTHORIZE A BABY TO BE DROPPED OFF IN A BABY SAFETY DEVICE SPONSORED BY AN EMERGENCY MEDICAL SERVICES PROVIDER; TO AUTHORIZE ANY CITY OR COUNTY TO SPONSOR A BABY SAFETY DEVICE THAT MEETS THE REQUIREMENTS OF THIS ACT; TO AMEND SECTIONS 43-15-203 AND 43-15-205, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF CHILD PROTECTION SERVICES IS THE AGENCY OF CONTACT; TO AMEND SECTION 43-15-207, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY CHURCH LICENSED WITH THE DEPARTMENT OF CHILD PROTECTION SERVICES TO RECEIVE CHILDREN UNDER THE PROVISIONS OF THIS ACT MAY BE AN EMERGENCY SERVICES PROVIDER; TO AMEND SECTION 43-15-209, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO CREATE NEW SECTION 43-15-211, MISSISSIPPI CODE OF 1972; TO AMEND SECTION 93-15-103, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT SURRENDER OF A CHILD UNDER THE "BABY DROP-OFF LAW" IS CONSIDERED ABANDONMENT FOR PURPOSES OF TERMINATION OF PARENTAL RIGHTS; TO AMEND SECTION 93-15-109, MISSISSIPPI CODE OF 1972, TO CLARIFY THE AUTHORITY OF EMERGENCY SERVICES PROVIDERS TO RECEIVE BABIES FOR PURPOSE OF TERMINATION OF PARENTAL RIGHTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-15-201, Mississippi Code of 1972, is amended as follows:
43-15-201. (1) An emergency
medical services provider, without a court order, shall take possession of a
child who is * * *
ninety (90) days old or younger if the child is voluntarily:
(a) Delivered to the provider;
(b) Placed in a baby
safety device that is sponsored by an emergency medical services provider and meets
the requirements described in paragraph (b) of this subsection by the
child's parent and the parent did not express an intent to return for the child * * *; or
(c) Delivered to an emergency medical services provider in response to an emergency call from the parent who expressed an intent to surrender the child to the law enforcement officer or emergency medical services provider and expressed an intent to not return for the child.
(2) For purposes of this section, the term "baby safety. device" shall meet all of the following specifications:
(a) The device has been voluntarily installed by the designated emergency care facility.
(b) The device is installed in a location that ensures the anonymity of the relinquishing parent and has a climate-controlled environment.
(c) The device is installed by a contractor licensed in accordance with the State of Mississippi.
(d) The access door to the device locks automatically upon closure when a newborn is in the device.
(e) The supporting frame of the device is anchored so as to align the bed portion of the device directly beneath the access door and prevent movement of the unit as a whole.
(f) The device features a safe sleep environment which includes a firm, flat bassinet mattress and a sheet that fits snugly on and overlaps the mattress and is free of pillows, bumpers, blankets, and other bedding.
( * * *3) The parent who surrenders the baby
shall not be required to provide any information pertaining to his or her identity,
nor shall the emergency medical services provider inquire as to same. If the
identity of the parent is known to the emergency medical services provider, the
emergency medical services provider shall keep the identity confidential.
( * * *4) A female presenting herself to a hospital
through the emergency room or otherwise, who is subsequently admitted for
purposes of labor and delivery, does not give up the legal protections or
anonymity guaranteed under this section. If the mother clearly expresses a desire
to voluntarily surrender custody of the newborn after birth, the emergency
medical services provider can take possession of the child, without further
action by the mother, as if the child had been presented to the emergency
medical services provider in the same manner outlined above in subsection (1)
of this section.
(a) If the mother expresses a desire to remain anonymous, identifying information may be obtained for purposes of securing payment of labor and delivery costs only. If the birth mother is a minor, the hospital may use the identifying information to secure payment through Medicaid, but shall not notify the minor's parent or guardian without the minor's consent.
(b) The identity of
the birth mother shall not be placed on the birth certificate or disclosed to
the * * * any state or local agency or any other person.
( * * *5) * * * Any
parent who relinquishes a child in accordance with this section * * * is deemed to have consented
to the termination of his or her parental rights with respect to the child. As
such, the parent waives the right to notification required by subsequent court
proceedings.
( * * *6) An emergency medical services provider
who takes possession of a child under this section shall perform any act necessary
to protect the physical health or safety of the child. No court order or other
legal document shall be required in order for the emergency medical services provider
to take possession of a child whose parent relinquishes custody under the provisions
of this act.
SECTION 2. Section 43-15-203, Mississippi Code of 1972, is amended as follows:
43-15-203. (1) No later
than the close of the first business day after the date on which an emergency
medical services provider takes possession of a child pursuant to Section 43-15-201,
the provider shall notify the Department of * * * Child Protection Services that the
provider has taken possession of the child.
(2) The department shall assume the care, control and custody of the child immediately on receipt of notice pursuant to subsection (1). The department shall be responsible for all medical and other costs associated with the child and shall reimburse the hospital for any costs incurred prior to the child being placed in the care of the department.
SECTION 3. Section 43-15-205, Mississippi Code of 1972, is amended as follows:
43-15-205. It shall be an
absolute affirmative defense to prosecution under Sections 97-5-1, 97-5-3 and
97-5-39 if the parent voluntarily delivers the child unharmed to an emergency
medical services provider pursuant to * * * this act.
SECTION 4. Section 43-15-207, Mississippi Code of 1972, is amended as follows:
43-15-207. For the purposes
of this article, an emergency medical services provider shall mean a licensed
hospital, as defined in Section 41-9-3, which operates an emergency department,
an adoption agency duly licensed by the Department of * * * Child Protection Services, a church
that is licensed with the Department of Child Protection services to receive children
under this act, any county or municipality that sponsors a baby safety device that
meets the requirements of this act, state or local law enforcement agency or
fire station or mobile ambulance staffed with full-time firefighters, emergency
medical technicians or paramedics. An emergency medical services provider does
not include the offices, clinics, surgeries or treatment facilities of private
physicians or dentists. No individual licensed healthcare provider, including
physicians, dentists, nurses, physician assistants or other health professionals
shall be deemed to be an emergency medical services provider under this article
unless such individual voluntarily assumes responsibility for the custody of
the child.
SECTION 5. Section 43-15-209, Mississippi Code of 1972, is amended as follows:
43-15-209. A person * * *, entity, county or municipality
taking possession of a child under the provisions of this article shall be immune
from liability for any civil action arising out of any act or omission
resulting from taking possession of the child unless the act or omission was
the result of the person's or entity's gross negligence or willful misconduct or
failure to meet any other requirements of this act.
SECTION 6. The following shall be codified as Section 43-15-211, Mississippi Code of 1972:
43-15-211. (1) Any emergency services provider that installs a baby safety device shall post signage that is approved by the Department of Child Protection Services at the site of the device that clearly identifies the device and provides both written and pictorial instruction to the relinquishing parent to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall also clearly indicate all of the following:
(a) The maximum age of an infant who may be relinquished in accordance with this chapter.
(b) That the child must not have been previously subjected to abuse or neglect.
(c) That by placing an infant in the newborn safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.
SECTION 7. Section 93-15-103, Mississippi Code of 1972, is amended as follows:
93-15-103. For purposes of this chapter, unless a different meaning is plainly expressed by the context, the following definitions apply:
(a) "Abandonment" means any conduct by the parent, whether consisting of a single incident or actions over an extended period of time, that evinces a settled purpose to relinquish all parental claims and responsibilities to the child. Abandonment may be established by showing:
(i) For a child who is under three (3) years of age on the date that the petition for termination of parental rights was filed, that the parent has deliberately made no contact with the child for six (6) months;
(ii) For a child
who is three (3) years of age or older on the date that the petition for termination
of parental rights was filed, that the parent has deliberately made no contact
with the child for at least one (1) year; * * *
(iii) If the child
is under six (6) years of age, that the parent has exposed the child in any
highway, street, field, outhouse, or elsewhere with the intent to wholly
abandon the child * * *;
or
(iv) If the parent gives possession of the child to an emergency medical services provider pursuant to Sections 43-15-201 etc.
(b) "Child" means a person under eighteen (18) years of age.
(c) "Court" means the court having jurisdiction under the Mississippi Termination of Parental Rights Law.
(d) "Desertion" means:
(i) Any conduct by the parent over an extended period of time that demonstrates a willful neglect or refusal to provide for the support and maintenance of the child; or
(ii) That the parent has not demonstrated, within a reasonable period of time after the birth of the child, a full commitment to the responsibilities of parenthood.
(e) "Home" means any charitable or religious corporation or organization or the superintendent or head of the charitable or religious corporation or organization organized under the laws of the State of Mississippi, any public authority to which has been granted the power to provide care for or procure the adoption of children by any Mississippi statute, and any association or institution engaged in placing children for adoption on July 1, 1955.
(f) "Interested person" means any person related to the child by consanguinity or affinity, a custodian or legal guardian of the child, a guardian ad litem representing the child's best interests, or an attorney representing the child's preferences under Rule 13 of the Uniform Rules of Youth Court Practice.
(g) "Minor parent" means any parent under twenty-one (21) years of age.
(h) "Parent" means a natural or adoptive parent of the child.
(i) "Permanency outcome" means achieving a permanent or long-term custodial arrangement for the custody and care of the child that ends the supervision of the Department of Child Protection Services.
(j) "Qualified health professional" means a licensed or certified professional who is engaged in the delivery of health services and who meets all applicable federal or state requirements to provide professional services.
(k) "Qualified mental health professional" means a person with at least a master's degree in mental health or a related field and who has either a professional license or a Department of Mental Health credential as a mental health therapist.
(l) "Reunification" means the restoration of the parent's custodial rights in providing for the safety and welfare of the child which ends the supervision of the Department of Child Protection Services.
SECTION 8. Section 93-15-109, Mississippi Code of 1972, is amended as follows:
93-15-109. (1) A parent may accomplish the surrender of a child to the Department of Child Protection Services or to a home by:
(a) Delivering the child to the Department of Child Protection Services or the home;
(b) Executing an affidavit of a written agreement that names the child and which vests in the Department of Child Protection Services or the home the exclusive custody, care and control of the child; and
(c) Executing a written voluntary release as set forth in Section 93-15-111(1).
(2) If a child has been surrendered to a home or other agency operating under the laws of another state, and the child is delivered into the custody of a petitioner or home within this state, the execution of consent by the nonresident home or agency shall be sufficient.
(3) A parent may
accomplish the surrender of a child to an emergency medical services provider pursuant
to Sections 43-15-201 etc. Nothing in this section * * * shall be construed to limit or restrict
the delivery and surrender of a child to an emergency medical services provider
pursuant to * * *
Section 43-15-201 * * *through 43‑15‑209 etc.
SECTION 9. This act shall take effect and be in force from and after its passage.
