Bill Text: MS HB1616 | 2026 | Regular Session | Engrossed
Bill Title: Baby Safety Device; remove "intent" and revise termination of parental rights.
Sponsorship: Bipartisan Bill
Status: (Failed) 2026-03-03 - Died In Committee [HB1616 Detail]
Download: Mississippi-2026-HB1616-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Cockerham
House Bill 1616
(As Passed the House)
AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, TO REMOVE INTENT AS AN ELEMENT FOR TERMINATION OF PARENTAL RIGHTS WHEN A CHILD IS LEFT IN A BABY SAFETY DEVICE; TO AMEND SECTION 43-15-203, MISSISSIPPI CODE OF 1972, TO REQUIRE A SHELTER HEARING WHEN THE DEPARTMENT HAS CONTROL OF A BABY THAT HAS BEEN DROPPED OFF; TO AMEND SECTIONS 43-15-205, 43-21-551, 43-21-603 AND 43-21-451, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTION 93-15-109, MISSISSIPPI CODE OF 1972, TO ADD "SURRENDER TO A BABY SAFETY DEVICE" TO THE LIST OF WAYS TO SURRENDER A CHILD TO THE DEPARTMENT OF CHILD PROTECTION SERVICES; 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 forty-five (45) 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 subsection (2) of this section by the
child's parent * * *; 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 chapter, the term "baby safety device" shall meet all of the following specifications:
(a) Designed to permit
a parent to anonymously place an infant in a climate controlled device * * * for an
emergency medical services provider to remove the infant from the device and
take custody of the infant;
(b) Installed in a conspicuous location with an adequate dual alarm system connected to the physical location where the device is installed. The dual alarm system must be:
(i) Tested at least once per week to ensure the alarm system is in working order; and
(ii) Visually checked at least twice per day to ensure the alarm system is in working order; and
(iii) Approved by and located inside a participating emergency medical services provider that is:
1. Licensed or otherwise legally operating in this state; and
2. Staffed continuously on a twenty-four-hour basis, seven (7) days a week and three hundred sixty-five (365) days a year.
(c) Installed by a contractor licensed by the State of Mississippi.
(d) The supporting frame of the device is anchored to prevent movement of the unit as a whole.
(3) An adoption agency duly licensed by the Department of Child Protection Services shall be prohibited from installing and maintaining a baby safety device.
(4) 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.
(5) 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 Department of Child Protection Services any state or local agency or any other person.
(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 surrenders custody under the provisions of this article.
(7) Placement of a child in a baby safety device, pursuant to this chapter, terminates any parental rights that the parent had to the child.
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.
(3) (a) Immediately after assuming legal custody of the infant, the department shall contact the local law enforcement agency in the municipality or county in which the infant was surrendered and the Department of Public Safety to determine whether the infant is a missing child in this state or another state. If the department determines that the infant is a missing child, then the department shall perform its due diligence to reunite the infant with his or her family.
(b) A law enforcement agency that is contacted under the provisions of this subsection shall investigate whether the child is reported as missing.
(c) For purposes of this subsection (3), the term "missing child" means person under the age of eighteen (18) reported to police or by police as someone whose whereabouts are unknown for any reason.
(4) Upon the department assuming the care, control and custody of the child pursuant to subsection (2) of this section, the youth court in the county where a baby safety device is located shall hold a shelter hearing within forty-eight (48) hours and notify the department that a shelter hearing has been scheduled as soon as the date is shown.
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 article.
SECTION 4. Section 43-21-551, Mississippi Code of 1972, is amended as follows:
43-21-551. (1) Unless the hearing is continued
upon a showing of good cause or the person who is a subject to the cause has
admitted the allegations of the petition, an adjudicatory hearing shall be held
within ninety (90) days after the filing of the petition to determine whether
there is legally sufficient evidence to find that the child is a delinquent
child, a child in need of supervision, a neglected child * * *, an abused child, or a child
surrendered to a baby safety device pursuant to Section 43-15-201. If the
adjudicatory hearing is not held within the ninety (90) days, the petition
shall be dismissed with prejudice.
(2) If the child is in detention, the hearing shall be held as soon as possible but not later than twenty-one (21) days after the child is first detained by the youth court unless the hearing be postponed:
(a) Upon motion of the child;
(b) Where process cannot be completed; or
(c) Upon a judicial finding that a material witness is not presently available. If the adjudicatory hearing is not held or postponed for the aforesaid reasons, the child may be released from detention.
(3) If the child is held in shelter, the hearing shall be held as soon as possible but not later than thirty (30) days after the child is first taken into custody unless the hearing is postponed:
(a) Upon motion of the child;
(b) Where process cannot be completed; or
(c) Upon a judicial finding that a material witness is not presently available. If the adjudicatory hearing is not held or postponed for the aforesaid reasons, the child may be released from shelter.
SECTION 5. Section 43-21-603, Mississippi Code of 1972, is amended as follows:
43-21-603. (1) At the beginning of each disposition hearing, the judge shall inform the parties of the purpose of the hearing.
(2) All testimony shall be under oath unless waived by all parties and may be in narrative form. The court may consider any evidence that is material and relevant to the disposition of the cause, including hearsay and opinion evidence. At the conclusion of the evidence, the youth court shall give the parties an opportunity to present oral argument.
(3) If the child has been adjudicated a delinquent child, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature of the offense;
(b) The manner in which the offense was committed;
(c) The nature and number of a child's prior adjudicated offenses;
(d) The child's need for care and assistance;
(e) The child's current medical history, including medication and diagnosis;
(f) The child's mental health history, which may include, but not be limited to, the Massachusetts Youth Screening Instrument version 2 (MAYSI-2);
(g) Copies of the child's cumulative record from the last school of record, including special education records, if applicable;
(h) Recommendation from the school of record based on areas of remediation needed;
(i) Disciplinary records from the school of record; and
(j) Records of disciplinary actions outside of the school setting.
(4) If the child has been adjudicated a child in need of supervision, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature and history of the child's conduct;
(b) The family and home situation; and
(c) The child's need of care and assistance.
(5) If the child has been adjudicated a neglected child or an abused child, before entering a disposition order, the youth court shall consider, among others, the following relevant factors:
(a) The child's physical and mental conditions;
(b) The child's or family's need of assistance;
(c) The manner in which the parent, guardian or custodian participated in, tolerated or condoned the abuse, neglect or abandonment of the child;
(d) The ability of a child's parent, guardian or custodian to provide proper supervision and care of a child; and
(e) Relevant testimony and recommendations, where available, from the foster parent of the child, the grandparents of the child, the guardian ad litem of the child, representatives of any private care agency that has cared for the child, the family protection worker or family protection specialist assigned to the case, and any other relevant testimony pertaining to the case.
(6) After consideration of all the evidence and the relevant factors, the youth court shall enter a disposition order that shall not recite any of the facts or circumstances upon which the disposition is based, nor shall it recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child, a child in need of supervision, a neglected child or an abused child.
(7) If the youth court orders that the custody or supervision of a child who has been adjudicated abused or neglected be placed with the Department of Child Protection Services or any other person or public or private agency, other than the child's parent, guardian or custodian, the youth court shall find and the disposition order shall recite that:
(a) (i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody; and
(b) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that the placement of the child in foster care is in the best interests of the child; or
(c) Reasonable efforts to maintain the child within his home shall not be required if the court determines that:
(i) The parent has subjected the child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse and sexual abuse; or
(ii) The parent has been convicted of murder of another child of that parent, voluntary manslaughter of another child of that parent, aided or abetted, attempted, conspired or solicited to commit that murder or voluntary manslaughter, or a felony assault that results in the serious bodily injury to the surviving child or another child of that parent; or
(iii) The parental
rights of the parent to a sibling have been terminated involuntarily; * * *
(iv) The child has been surrendered to a baby safety device pursuant to Section 43-15-201; and
(v) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that placement of the child in foster care is in the best interests of the child.
Once the reasonable efforts requirement is bypassed, the court shall have a permanency hearing under Section 43-21-613 within thirty (30) days of the finding.
(8) Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the disposition order. If the disposition ordered by the youth court includes placing the child in the custody of a training school, an admission packet shall be prepared for the child that contains the following information:
(a) The child's current medical history, including medications and diagnosis;
(b) The child's mental health history;
(c) Copies of the child's cumulative record from the last school of record, including special education records, if reasonably available;
(d) Recommendation from the school of record based on areas of remediation needed;
(e) Disciplinary records from the school of record; and
(f) Records of disciplinary actions outside of the school setting, if reasonably available.
Only individuals who are permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall have access to a child's medical records which are contained in an admission packet. The youth court shall provide the admission packet to the training school at or before the child's arrival at the training school. The admittance of any child to a training school shall take place between the hours of 8:00 a.m. and 3:00 p.m. on designated admission days.
(9) When a child in the jurisdiction of the Youth Court is committed to the custody of the Mississippi Department of Human Services or the Department of Child Protection Services and is believed to be in need of treatment for a mental or emotional disability or infirmity, the Department of Human Services or the Department of Child Protection Services shall file an affidavit alleging that the child is in need of mental health services with the Youth Court. The Youth Court shall refer the child to the appropriate community mental health center for evaluation pursuant to Section 41-21-67. If the prescreening evaluation recommends residential care, the Youth Court shall proceed with civil commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 43-21-611, and the Department of Mental Health, once commitment is ordered, shall provide appropriate care, treatment and services for at least as many adolescents as were provided services in fiscal year 2004 in its facilities.
(10) Any screening and assessment examinations ordered by the court may aid in dispositions related to delinquency, but no statements or admissions made during the course thereof may be admitted into evidence against the child on the issue of whether the child committed a delinquent act.
SECTION 6. Section 43-21-451, Mississippi Code of 1972, is amended as follows:
43-21-451. All proceedings
seeking an adjudication that a child is a delinquent child, a child in need of
supervision, a neglected child * * *, an abused child, or a child
surrendered to a baby safety device pursuant to Section 43-15-201, shall be
initiated by the filing of a petition. Upon authorization of the youth court,
the petition shall be drafted and filed by the youth court prosecutor unless
the youth court has designated some other person to draft and file the
petition. The petition shall be filed within five (5) days from the date of a
detention hearing or shelter hearing continuing custody. Unless another period
of time is authorized by the youth court or its designee, in noncustody cases
the petition shall be filed within ten (10) days of the court order authorizing
the filing of a petition. The court may, in its discretion, dismiss the
petition for failure to comply with the time schedule contained herein.
SECTION 7. 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 or surrender to a baby safety device pursuant to Sections 43-15-201 et seq. 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 et seq.
SECTION 8. This act shall take effect and be in force from and after July 1, 2026.
