Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 15 - CHILD WELFARE (§§ 43-15-1 — 43-15-401) › Article 5 - BABY DROP-OFF LAW (§§ 43-15-201 — 43-15-211) › Section 43-15-201 - Emergency medical services provider to take possession of certain abandoned children; "baby safety device"; guarantee of anonymity of parent or parent designee surrendering baby under baby drop-off law

(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.
(c)
Installed by a contractor licensed by the State of Mississippi.
(d)
The supporting frame of the device is anchored to prevent movement of the unit as a whole.
(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.
Laws, 2001, ch. 484, § 1; Laws, 2012, ch. 404, § 1, eff. 7/1/2012.
Amended by Laws, 2023, ch. 516, HB 1149,§ 52, eff. 7/1/2023.
Amended by Laws, 2023, ch. 518, HB 1318,§ 1, eff. 4/19/2023.
Amended by Laws, 2020, ch. 389, HB 96,§ 1, eff. 7/1/2020.