MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary, Division A
By: Senator(s) Boyd
AN ACT TO ENACT THE MISSISSIPPI SAFE HAVEN LAW; TO CREATE NEW SECTION 43-15-200, MISSISSIPPI CODE OF 1972, TO STATE THE PURPOSE OF THE ARTICLE; TO CREATE NEW SECTION 43-15-200.1, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, TO REQUIRE THE EMERGENCY MEDICAL SERVICES PROVIDER TO ATTEMPT TO OBTAIN CERTAIN INFORMATION CONCERNING THE INFANT FROM THE PERSON RELINQUISHING THE INFANT; TO REQUIRE AN INFANT TO BE TRANSFERRED TO A HOSPITAL IMMEDIATELY; TO REQUIRE A MEDICAL SCREENING OF THE INFANT; TO AMEND SECTION 43-15-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL HAVE LEGAL CUSTODY AS SOON AS THE DEPARTMENT RECEIVES NOTICE OF A RELINQUISHMENT; TO PROVIDE THAT THE DEPARTMENT SHALL ASSUME PHYSICAL CUSTODY AS SOON AS POSSIBLE; TO REQUIRE THE DEPARTMENT AFTER ASSUMING LEGAL CUSTODY TO IMMEDIATELY NOTIFY LAW ENFORCEMENT OF A POTENTIAL MISSING CHILD; TO REQUIRE A LAW ENFORCEMENT AGENCY WHO RECEIVES NOTICE UNDER THIS SECTION TO INVESTIGATE WHETHER THE RELINQUISHED INFANT IS A MISSING CHILD; TO CREATE NEW SECTION 43-15-204, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR A COURT HEARING WITHIN A CERTAIN TIMEFRAME FOR THE DEPARTMENT TO OBTAIN A COURT ORDER OF CONTINUED CUSTODY OF THE INFANT IN THE DEPARTMENT PRIOR TO FINAL ENTRY OF AN ORDER DECLARING PARENTAL RIGHTS TERMINATED; TO CREATE NEW SECTION 43-15-204.1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO PUBLISH NOTICE OF THE CIRCUMSTANCES OF THE RELINQUISHMENT OF THE INFANT IN A NEWSPAPER OF GENERAL CIRCULATION AND SEND A NEWS RELEASE TO BROADCAST AND PRINT MEDIA; THE NEWS RELEASE AND PUBLICATION MUST STATE THAT ANY PERSON WISHING TO ASSERT PARENTAL RIGHTS IN REGARD TO THE INFANT MUST DO SO AT THE HEARING DESCRIBED IN THIS SECTION; TO REQUIRE THE DEPARTMENT TO FILE A PETITION ALLEGING THAT THE INFANT HAS BEEN RELINQUISHED AND TO SEEK APPROVAL OF A PLAN TO TERMINATE PARENTAL RIGHTS IN REGARD TO THE INFANT; TO REQUIRE THE COURT TO HOLD A HEARING WITHIN A CERTAIN TIMEFRAME; TO PROVIDE THAT IF THE COURT APPROVES THE PLAN TO TERMINATE ANY PARENTAL RIGHTS IN REGARD TO THE INFANT, THE DEPARTMENT SHALL FILE A PETITION TO DO SO; TO REQUIRE THE COURT TO HOLD A HEARING IN REGARD TO THE TERMINATION OF PARENTAL RIGHTS WITHIN A CERTAIN TIMEFRAME; TO REPEAL SECTION 43-15-207, MISSISSIPPI CODE OF 1972, WHICH DEFINED THE TERM "EMERGENCY MEDICAL SERVICES PROVIDER" FOR PURPOSES OF THE ARTICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 43-15-200, Mississippi Code of 1972:
43-15-200. The purpose of this article is to provide a mechanism whereby any parent may relinquish the care of an infant to the state in safety, anonymity, and without fear of prosecution. This article shall be known as and may be cited as the "Mississippi Safe Haven Law".
SECTION 2. The following shall be codified as Section 43-15-200.1, Mississippi Code of 1972:
43-15-200.1. As used in this article, the following terms have the meaning herein ascribed unless the context clearly requires otherwise:
(a) "Department" means the Department of Child Protection Services.
(b) "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. "Emergency medical services provider" does not include the offices, clinics, surgeries or treatment facilities of private physicians or dentists. "Emergency medical services provider" does not include any individual licensed healthcare provider, including physicians, dentists, nurses, physician assistants or other health professionals under this article unless such individual voluntarily assumes responsibility for the custody of the child.
(c) "Infant" means a child not previously subjected to abuse or neglect, who is not more than sixty (60) days old as determined within a reasonable degree of medical certainty by an examining physician.
(d) "Newborn safety device" means a device:
(i) Designed to permit a mother to anonymously place an infant in the 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;
(ii) 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:
1. Tested at least once per month to ensure the alarm system is in working order; and
2. 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 (24) hour basis every day.
(e) "Relinquish" or "relinquishment" means the action of a parent in leaving an infant on the premises of an emergency medical services provider, with a facility employee or member of the professional medical community at the facility, or in a newborn safety device, without expressing an intention to return for the infant.
SECTION 3. 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) days 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) 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.
(3) The emergency medical services provider must ask the person relinquishing the infant to identify any parent of the infant other than the person leaving the infant with the emergency medical services provider. The emergency medical services provider also must attempt to obtain from the person information concerning the infant's background and medical history as specified on a form provided by the department. This information must include, but is not limited to, information concerning the use of a controlled substance by the infant's mother, provided that information regarding the use of a controlled substance by the infant's mother is not admissible as evidence of the unlawful use of a controlled substance in any court proceeding. The emergency medical services provider must give the person a copy of the form and a prepaid envelope for mailing the form to the department if the person does not wish to provide the information to the provider.
(4) An emergency medical services provider who takes possession of an infant under this section shall perform any act necessary to protect the physical health or safety of the infant. A physician shall promptly conduct a comprehensive medical screening to determine:
(a) If the infant suffered fetal exposure to alcohol or drugs;
(b) If the infant appears to have been abused or neglected; and
(c) The infant's estimated date of birth, if not previously known.
(5) If an infant is relinquished to an emergency medical services provider other than a hospital, the staff of the facility shall immediately transfer the infant to a hospital.
( * * *6) 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.
( * * *7) 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.
* * *
SECTION 4. 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 * * * that the provider has taken
possession of the child.
(2) The department shall * * * take legal custody of the * * *
infant immediately on receipt of notice pursuant to subsection (1). The
department shall take physical custody of the infant as soon as practicable but
not later than twenty-four hours after receiving notice that the infant is
ready to be discharged from the hospital.
(3) 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.
(4) Immediately after assuming legal custody of the infant, the department shall report the child to appropriate state and local law enforcement agencies as a potential missing child.
(5) A law enforcement agency that receives a report under this section shall investigate whether the child is reported as missing.
SECTION 5. The following shall be codified as Section 43-15-204, Mississippi Code of 1972:
43-15-204. (1) A hearing shall be held by the court within forty-eight hours after the infant enters the custody of the department. No notice to a parent or other caretaker shall be required.
(2) The department has the burden to prove the following at the hearing:
(a) There are reasonable grounds to believe that the infant has been relinquished to the department in accordance with this article.
(b) There is no evidence that the infant was abused or neglected prior to the infant's relinquishment.
(3) If the court finds that the department has satisfied the requirements of subsection (2) of this section and that removal of the infant is necessary in order to safeguard the infant's welfare, it shall order continued custody of the infant in the department prior to final entry of an order declaring parental rights terminated and enter a finding that the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal and that reunification efforts are not required.
(4) The department is not required to conduct a search for the relatives of a child for whom the department assumes care, control, and custody under this article.
SECTION 6. The following shall be codified as Section 43-15-204.1, Mississippi Code of 1972:
43-15-204.1. (1) Within forty-eight hours after taking legal custody of the infant, the department shall publish notice, in a newspaper of general circulation in the area where the emergency medical services provider that initially took the infant is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the infant was left at the provider, a description of the infant, and the date, time, and place of the hearing provided for in this section. The notice and the news release must also state that any person wishing to assert parental rights in regard to the infant must do so at the hearing. If the person who relinquished the infant identified anyone as being a parent of the infant, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.
(2) Within forty-eight hours after obtaining legal custody of the infant, the department shall file a petition alleging that the infant has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the infant in the home of the parent or parents would be contrary to the welfare of the infant, and that termination of parental rights is in the best interest of the infant. A hearing on the petition must be held no earlier than thirty and no later than forty-five days after the department takes legal custody of the infant. This hearing shall be deemed to satisfy any other requirements for an adjudication or disposition hearing and shall further serve as the permanency planning hearing for the infant.
(3) If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of abandonment must be filed within ten days after receipt of the order by the department. A hearing on the petition for termination of parental rights must be set for no later than thirty days after the petition is filed.
SECTION 7. Section 43-15-207, Mississippi Code of 1972, which defined the term "emergency medical services provider" for the purposes of this article, is repealed.
SECTION 8. This act shall take effect and be in force from and after July 1, 2023.