House Bill 244

AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, TO INCREASE THE AGE OF A BABY THAT MAY BE "DROPPED OFF" TO A MEDICAL PROVIDER WITHOUT LIABILITY; TO AUTHORIZE A PERSON WHO IS DESIGNATED BY THE BABY'S PARENT TO DROP OFF THE BABY TO RECEIVE THE SAME IMMUNITY THAT A PARENT WHO DROPS OFF A BABY; TO AMEND SECTIONS 43-15-205 AND 43-15-207, MISSISSIPPI CODE OF 1972, TO EXPAND IMMUNITY TO THE PERSON WHO IS DESIGNATED BY THE PARENT TO DROP OFF A BABY; TO BRING FORWARD SECTION 43-15-209, MISSISSIPPI CODE OF 1972, WHICH PROVIDES IMMUNITY FROM CIVIL ACTION, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 43-15-203, MISSISSIPPI CODE OF 1972, WHICH DESCRIBE THE REQUIRED PROCEDURES THAT MUST BE FOLLOWED BY A MEDICAL PROVIDER THAT RECEIVES A BABY WHO IS DROPPED OFF, FOR PURPOSES OF AMENDMENT; 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 * * *~~seven (7)~~ thirty (30) days old or younger if the child is voluntarily delivered to the provider by the child's parent, or a person designated by the parent, and the parent did not express an intent to return for the child or a person designated by the parent indicated that the parent has no intent to return for the child.

(2) The parent or a person designated by 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 or a person designated by the parent is known to the emergency medical services provider, the emergency medical services provider shall keep the identity confidential.

(3) 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 Human Services.

(4) There is a presumption that by relinquishing a child in accordance with this section, the parent consents 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.

(5) 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.

SECTION 2. 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 or a person designated by the parent voluntarily delivers the child unharmed to an emergency medical services provider pursuant to Section 43-15-201.

SECTION 3. 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 Human Services, or fire station or mobile ambulance staffed with full-time firefighters, emergency medical technicians or paramedics, or the offices, clinics, surgeries or treatment facilities of private physicians. An emergency medical services provider does not include the offices, clinics, surgeries or treatment facilities of * * *~~private physicians or~~ dentists. * * *

SECTION 4. Section 43-15-209, Mississippi Code of 1972, is brought forward as follows:

43-15-209. A person or entity 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.

SECTION 5. Section 43-15-203, Mississippi Code of 1972, is brought forward 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 Human 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 6. This act shall take effect and be in force from and after July 1, 2023.