House Bill 634

AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, TO REVISE THE AGE OF A CHILD WHO MAY BE DROPPED OFF; TO PROVIDE THAT SOMEONE DESIGNATED BY A PARENT MAY DROP-OFF A CHILD; TO AMEND SECTION 43-15-203, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 43-15-205, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A PARENT MAY DESIGNATE ANOTHER PERSON TO DROP-OFF A CHILD; TO AMEND SECTION 43-15-207, MISSISSIPPI CODE OF 1972, TO ADD "BABY BOX" TO THE DEFINITION OF AUTHORIZED LOCATIONS TO DROP-OFF A CHILD; TO AMEND SECTION 43-15-209, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON DESIGNATED BY A PARENT TO DROP-OFF A CHILD SHALL BE PROVIDED IMMUNITY; 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 * * * voluntarily delivered to the provider by the child's parent or any person designated by the parent-and the parent or such person did not express an intent to return for the child.

(2) The parent or such person who surrenders the * * *~~baby~~ child 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 such person 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 43-15-203, 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 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 provided 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 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 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 Human Services, or fire station or mobile ambulance staffed with full-time firefighters, emergency medical technicians * * * or, paramedics or a secure "baby box" with specialty sensors sponsored and approved by an emergency medical services provider described in this section. 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 or entity taking possession of a child under the provisions of this article or leaving 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 6. This act shall take effect and be in force from and after July 1, 2023.