House Bill 1678

(As Passed the House)

AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, TO REQUIRE BABY SAFETY DEVICES TO BE REPORTED TO, INSPECTED BY AND APPROVED BY THE STATE DEPARTMENT OF HEALTH BEFORE THE DEVICE MAY BE USED BY AN EMERGENCY MEDICAL SERVICES PROVIDER; TO PROVIDE THAT THE LOCATION OF ANY BABY SAFETY DEVICES INSTALLED BEFORE JULY 1, 2024, MUST BE REPORTED TO THE DEPARTMENT; TO DIRECT THE DEPARTMENT TO MAKE RANDOM UNANNOUNCED INSPECTIONS OF BABY SAFETY DEVICES THROUGHOUT THE YEAR; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO CONDUCT AN ONGOING INFORMATION CAMPAIGN TO INFORM THE PUBLIC OF THE PROVISIONS OF THE BABY DROP-OFF LAW; TO AMEND SECTION 43-15-203, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO REPORT ANNUALLY TO THE CHAIRMEN OF CERTAIN LEGISLATIVE COMMITTEES THE TOTAL NUMBER OF CHILDREN WHO WERE PLACED IN A BABY SAFETY DEVICE DURING THE PREVIOUS CALENDAR YEAR AND THE LOCATION OF THE BABY SAFETY DEVICES IN WHICH THOSE CHILDREN WERE PLACED; 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 and the parent did not express an intent to return for the child;

(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; or

(d) A person designated by the parent.

(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 with the intent to leave the infant 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 * * *.;

(d) The supporting frame of the device is anchored to prevent movement of the unit as a whole * * *.; and

(e) Reported to, inspected by and approved by the State Department of Health before the baby safety device may be used by an emergency medical services provider. The location of any baby safety devices installed before July 1, 2024, must be reported to the department. The department shall make random unannounced inspections of baby safety devices throughout the year.

(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 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.

(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) The State Department of Health shall provide an ongoing information campaign to inform the public of the provisions of this article, specifically (a) the maximum age of a child who may be delivered to an emergency medical services provider; (b) what persons are authorized to deliver a child to a provider; (c) the entities and locations that are authorized to receive a child; (d) that the person who delivers a child to a provider is not required to disclose his or her identity and may remain anonymous; (e) that persons or entities taking possession of a child are immune from civil liability; and (f) that persons who deliver a child to a provider have an affirmative defense to any prosecution for the crimes of child abandonment, desertion or neglect.

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) Not later than January 15 of each year, the department shall report to the Chairmen of the House Public Health and Human Services Committee, the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees the total number of children who were placed in a baby safety device during the previous calendar year and the location of the baby safety devices in which those children were placed.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.