MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary B; Public Health and Human Services
By: Representative Taylor
AN ACT TO AMEND SECTIONS 43-15-201, 43-15-203 AND 43-15-205, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LAW ENFORCEMENT OFFICERS AND THE DEPARTMENT OF HUMAN SERVICES PERSONNEL TO TAKE POSSESSION OF ABANDONED CHILDREN; 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, law enforcement officer or personnel from the Department of Human Services, without a court order, shall take possession of a child who is seventy-two (72) hours old or younger if the child is voluntarily delivered to the provider by the child's parent and the parent did not express an intent to return for the child.
(2) An emergency medical services provider, law enforcement officer or personnel from the Department of Human Services, 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 43-15-203, 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, law enforcement officer or personnel from the Department of Human Services, 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 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, law enforcement officer or personnel from the Department of Human Services, pursuant to Section 43-15-201.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.