Baby Safety Device; remove "intent" and revise termination of parental rights.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Cockerham, Hale

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1616

AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, 1
TO REMOVE INTENT AS AN ELEMENT FOR TERMINATION OF PARENTAL RIGHTS 2
WHEN A CHILD IS LEFT IN A BABY SAFETY DEVICE; TO AMEND SECTION 3
43-15-203, MISSISSIPPI CODE OF 1972, TO REQUIRE A SHELTER HEARING 4
WHEN THE DEPARTMENT HAS CONTROL OF A BABY THAT HAS BEEN DROPPED 5
OFF; TO AMEND SECTIONS 43-15-205, 43-21-551, 43-21-603 AND 6
43-21-451, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 7
SECTIONS; TO AMEND SECTION 93-15-109, MISSISSIPPI CODE OF 1972, TO 8
ADD "SURRENDER TO A BABY SAFETY DEVICE" TO THE LIST OF WAYS TO 9
SURRENDER A CHILD TO THE DEPARTMENT OF CHILD PROTECTION SERVICES; 10
AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 43-15-201, Mississippi Code of 1972, is 13
amended as follows: 14
43-15-201. (1) An emergency medical services provider, 15
without a court order, shall take possession of a child who is 16
forty-five (45) days old or younger if the child is voluntarily: 17
(a) Delivered to the provider; 18
(b) Placed in a baby safety device that is sponsored by 19
an emergency medical services provider and meets the requirements 20
described in subsection (2) of this section by the child's 21
parent * * *; or 22
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(c) Delivered to an emergency medical services provider 23
in response to an emergency call from the parent who expressed an 24
intent to surrender the child to the law enforcement officer or 25
emergency medical services provider and expressed an intent to not 26
return for the child * * *. 27
* * * 28
(2) For purposes of this chapter, the term "baby safety 29
device" shall meet all of the following specifications: 30
(a) Designed to permit a parent to anonymously place an 31
infant in a climate controlled device * * * for an emergency 32
medical services provider to remove the infant from the device and 33
take custody of the infant; 34
(b) Installed in a conspicuous location with an 35
adequate dual alarm system connected to the physical location 36
where the device is installed. The dual alarm system must be: 37
(i) Tested at least once per week to ensure the 38
alarm system is in working order; and 39
(ii) Visually checked at least twice per day to 40
ensure the alarm system is in working order; and 41
(iii) Approved by and located inside a 42
participating emergency medical services provider that is: 43
1. Licensed or otherwise legally operating in 44
this state; and 45
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2. Staffed continuously on a twenty-four-hour 46
basis, seven (7) days a week and three hundred sixty-five (365) 47
days a year. 48
(c) Installed by a contractor licensed by the State of 49
Mississippi. 50
(d) The supporting frame of the device is anchored to 51
prevent movement of the unit as a whole. 52
(3) An adoption agency duly licensed by the Department of 53
Child Protection Services shall be prohibited from installing and 54
maintaining a baby safety device. 55
(4) The parent * * * who surrenders the baby shall not be 56
required to provide any information pertaining to his or her 57
identity, nor shall the emergency medical services provider 58
inquire as to same. If the identity of the parent * * * is known 59
to the emergency medical services provider, the emergency medical 60
services provider shall keep the identity confidential. 61
(5) A female presenting herself to a hospital through the 62
emergency room or otherwise, who is subsequently admitted for 63
purposes of labor and delivery, does not give up the legal 64
protections or anonymity guaranteed under this section. If the 65
mother clearly expresses a desire to voluntarily surrender custody 66
of the newborn after birth, the emergency medical services 67
provider can take possession of the child, without further action 68
by the mother, as if the child had been presented to the emergency 69
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medical services provider in the same manner outlined above in 70
subsection (1) of this section. 71
(a) If the mother expresses a desire to remain 72
anonymous, identifying information may be obtained for purposes of 73
securing payment of labor and delivery costs only. If the birth 74
mother is a minor, the hospital may use the identifying 75
information to secure payment through Medicaid, but shall not 76
notify the minor's parent or guardian without the minor's consent. 77
(b) The identity of the birth mother shall not be 78
placed on the birth certificate or disclosed to the Department of 79
Child Protection Services any state or local agency or any other 80
person. 81
(6) An emergency medical services provider who takes 82
possession of a child under this section shall perform any act 83
necessary to protect the physical health or safety of the child. 84
No court order or other legal document shall be required in order 85
for the emergency medical services provider to take possession of 86
a child whose parent surrenders custody under the provisions of 87
this article. 88
(7) Placement of a child in a baby safety device, pursuant 89
to this chapter, terminates any parental rights that the parent 90
had to the child. 91
SECTION 2. Section 43-15-203, Mississippi Code of 1972, is 92
amended as follows: 93
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43-15-203. (1) No later than the close of the first 94
business day after the date on which an emergency medical services 95
provider takes possession of a child pursuant to Section 96
43-15-201, the provider shall notify the Department of Child 97
Protection Services that the provider has taken possession of the 98
child. 99
(2) The department shall assume the care, control and 100
custody of the child immediately on receipt of notice pursuant to 101
subsection (1). The department shall be responsible for all 102
medical and other costs associated with the child and shall 103
reimburse the hospital for any costs incurred prior to the child 104
being placed in the care of the department. 105
(3) (a) Immediately after assuming legal custody of the 106
infant, the department shall contact the local law enforcement 107
agency in the municipality or county in which the infant was 108
surrendered and the Department of Public Safety to determine 109
whether the infant is a missing child in this state or another 110
state. If the department determines that the infant is a missing 111
child, then the department shall perform its due diligence to 112
reunite the infant with his or her family. 113
(b) A law enforcement agency that is contacted under 114
the provisions of this subsection shall investigate whether the 115
child is reported as missing. 116
(c) For purposes of this subsection (3), the term 117
"missing child" means person under the age of eighteen (18) 118
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reported to police or by police as someone whose whereabouts are 119
unknown for any reason. 120
(4) Upon the department assuming the care, control and 121
custody of the child pursuant to subsection (2) of this section, 122
the youth court in the county where a baby safety device is 123
located shall hold a shelter hearing within forty-eight (48) hours 124
and notify the department that a shelter hearing has been 125
scheduled as soon as the date is shown. 126
SECTION 3. Section 43-15-205, Mississippi Code of 1972, is 127
amended as follows: 128
43-15-205. It shall be an absolute affirmative defense to 129
prosecution under Sections 97-5-1, 97-5-3 and 97-5-39 if the 130
parent * * * voluntarily delivers the child unharmed to an 131
emergency medical services provider pursuant to this article. 132
SECTION 4. Section 43-21-551, Mississippi Code of 1972, is 133
amended as follows: 134
43-21-551. (1) Unless the hearing is continued upon a 135
showing of good cause or the person who is a subject to the cause 136
has admitted the allegations of the petition, an adjudicatory 137
hearing shall be held within ninety (90) days after the filing of 138
the petition to determine whether there is legally sufficient 139
evidence to find that the child is a delinquent child, a child in 140
need of supervision, a neglected child * * *, an abused child, or 141
a child surrendered to a baby safety device pursuant to Section 142
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43-15-201. If the adjudicatory hearing is not held within the 143
ninety (90) days, the petition shall be dismissed with prejudice. 144
(2) If the child is in detention, the hearing shall be held 145
as soon as possible but not later than twenty-one (21) days after 146
the child is first detained by the youth court unless the hearing 147
be postponed: 148
(a) Upon motion of the child; 149
(b) Where process cannot be completed; or 150
(c) Upon a judicial finding that a material witness is 151
not presently available. If the adjudicatory hearing is not held 152
or postponed for the aforesaid reasons, the child may be released 153
from detention. 154
(3) If the child is held in shelter, the hearing shall be 155
held as soon as possible but not later than thirty (30) days after 156
the child is first taken into custody unless the hearing is 157
postponed: 158
(a) Upon motion of the child; 159
(b) Where process cannot be completed; or 160
(c) Upon a judicial finding that a material witness is 161
not presently available. If the adjudicatory hearing is not held 162
or postponed for the aforesaid reasons, the child may be released 163
from shelter. 164
SECTION 5. Section 43-21-603, Mississippi Code of 1972, is 165
amended as follows: 166
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43-21-603. (1) At the beginning of each disposition 167
hearing, the judge shall inform the parties of the purpose of the 168
hearing. 169
(2) All testimony shall be under oath unless waived by all 170
parties and may be in narrative form. The court may consider any 171
evidence that is material and relevant to the disposition of the 172
cause, including hearsay and opinion evidence. At the conclusion 173
of the evidence, the youth court shall give the parties an 174
opportunity to present oral argument. 175
(3) If the child has been adjudicated a delinquent child, 176
before entering a disposition order, the youth court should 177
consider, among others, the following relevant factors: 178
(a) The nature of the offense; 179
(b) The manner in which the offense was committed; 180
(c) The nature and number of a child's prior 181
adjudicated offenses; 182
(d) The child's need for care and assistance; 183
(e) The child's current medical history, including 184
medication and diagnosis; 185
(f) The child's mental health history, which may 186
include, but not be limited to, the Massachusetts Youth Screening 187
Instrument version 2 (MAYSI-2); 188
(g) Copies of the child's cumulative record from the 189
last school of record, including special education records, if 190
applicable; 191
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(h) Recommendation from the school of record based on 192
areas of remediation needed; 193
(i) Disciplinary records from the school of record; and 194
(j) Records of disciplinary actions outside of the 195
school setting. 196
(4) If the child has been adjudicated a child in need of 197
supervision, before entering a disposition order, the youth court 198
should consider, among others, the following relevant factors: 199
(a) The nature and history of the child's conduct; 200
(b) The family and home situation; and 201
(c) The child's need of care and assistance. 202
(5) If the child has been adjudicated a neglected child or 203
an abused child, before entering a disposition order, the youth 204
court shall consider, among others, the following relevant 205
factors: 206
(a) The child's physical and mental conditions; 207
(b) The child's or family's need of assistance; 208
(c) The manner in which the parent, guardian or 209
custodian participated in, tolerated or condoned the abuse, 210
neglect or abandonment of the child; 211
(d) The ability of a child's parent, guardian or 212
custodian to provide proper supervision and care of a child; and 213
(e) Relevant testimony and recommendations, where 214
available, from the foster parent of the child, the grandparents 215
of the child, the guardian ad litem of the child, representatives 216
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of any private care agency that has cared for the child, the 217
family protection worker or family protection specialist assigned 218
to the case, and any other relevant testimony pertaining to the 219
case. 220
(6) After consideration of all the evidence and the relevant 221
factors, the youth court shall enter a disposition order that 222
shall not recite any of the facts or circumstances upon which the 223
disposition is based, nor shall it recite that a child has been 224
found guilty; but it shall recite that a child is found to be a 225
delinquent child, a child in need of supervision, a neglected 226
child or an abused child. 227
(7) If the youth court orders that the custody or 228
supervision of a child who has been adjudicated abused or 229
neglected be placed with the Department of Child Protection 230
Services or any other person or public or private agency, other 231
than the child's parent, guardian or custodian, the youth court 232
shall find and the disposition order shall recite that: 233
(a) (i) Reasonable efforts have been made to maintain 234
the child within his own home, but that the circumstances warrant 235
his removal and there is no reasonable alternative to custody; or 236
(ii) The circumstances are of such an emergency 237
nature that no reasonable efforts have been made to maintain the 238
child within his own home, and that there is no reasonable 239
alternative to custody; and 240
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(b) That the effect of the continuation of the child's 241
residence within his own home would be contrary to the welfare of 242
the child and that the placement of the child in foster care is in 243
the best interests of the child; or 244
(c) Reasonable efforts to maintain the child within his 245
home shall not be required if the court determines that: 246
(i) The parent has subjected the child to 247
aggravated circumstances, including, but not limited to, 248
abandonment, torture, chronic abuse and sexual abuse; or 249
(ii) The parent has been convicted of murder of 250
another child of that parent, voluntary manslaughter of another 251
child of that parent, aided or abetted, attempted, conspired or 252
solicited to commit that murder or voluntary manslaughter, or a 253
felony assault that results in the serious bodily injury to the 254
surviving child or another child of that parent; or 255
(iii) The parental rights of the parent to a 256
sibling have been terminated involuntarily; * * * 257
(iv) The child has been surrendered to a baby 258
safety device pursuant to Section 43-15-201; and 259
(v) That the effect of the continuation of the 260
child's residence within his own home would be contrary to the 261
welfare of the child and that placement of the child in foster 262
care is in the best interests of the child. 263
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Once the reasonable efforts requirement is bypassed, the 264
court shall have a permanency hearing under Section 43-21-613 265
within thirty (30) days of the finding. 266
(8) Upon a written motion by a party, the youth court shall 267
make written findings of fact and conclusions of law upon which it 268
relies for the disposition order. If the disposition ordered by 269
the youth court includes placing the child in the custody of a 270
training school, an admission packet shall be prepared for the 271
child that contains the following information: 272
(a) The child's current medical history, including 273
medications and diagnosis; 274
(b) The child's mental health history; 275
(c) Copies of the child's cumulative record from the 276
last school of record, including special education records, if 277
reasonably available; 278
(d) Recommendation from the school of record based on 279
areas of remediation needed; 280
(e) Disciplinary records from the school of record; and 281
(f) Records of disciplinary actions outside of the 282
school setting, if reasonably available. 283
Only individuals who are permitted under the Health Insurance 284
Portability and Accountability Act of 1996 (HIPAA) shall have 285
access to a child's medical records which are contained in an 286
admission packet. The youth court shall provide the admission 287
packet to the training school at or before the child's arrival at 288
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the training school. The admittance of any child to a training 289
school shall take place between the hours of 8:00 a.m. and 3:00 290
p.m. on designated admission days. 291
(9) When a child in the jurisdiction of the Youth Court is 292
committed to the custody of the Mississippi Department of Human 293
Services or the Department of Child Protection Services and is 294
believed to be in need of treatment for a mental or emotional 295
disability or infirmity, the Department of Human Services or the 296
Department of Child Protection Services shall file an affidavit 297
alleging that the child is in need of mental health services with 298
the Youth Court. The Youth Court shall refer the child to the 299
appropriate community mental health center for evaluation pursuant 300
to Section 41-21-67. If the prescreening evaluation recommends 301
residential care, the Youth Court shall proceed with civil 302
commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 303
43-21-611, and the Department of Mental Health, once commitment is 304
ordered, shall provide appropriate care, treatment and services 305
for at least as many adolescents as were provided services in 306
fiscal year 2004 in its facilities. 307
(10) Any screening and assessment examinations ordered by 308
the court may aid in dispositions related to delinquency, but no 309
statements or admissions made during the course thereof may be 310
admitted into evidence against the child on the issue of whether 311
the child committed a delinquent act. 312
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SECTION 6. Section 43-21-451, Mississippi Code of 1972, is 313
amended as follows: 314
43-21-451. All proceedings seeking an adjudication that a 315
child is a delinquent child, a child in need of supervision, a 316
neglected child * * *, an abused child, or a child surrendered to 317
a baby safety device pursuant to Section 43-15-201, shall be 318
initiated by the filing of a petition. Upon authorization of the 319
youth court, the petition shall be drafted and filed by the youth 320
court prosecutor unless the youth court has designated some other 321
person to draft and file the petition. The petition shall be 322
filed within five (5) days from the date of a detention hearing or 323
shelter hearing continuing custody. Unless another period of time 324
is authorized by the youth court or its designee, in noncustody 325
cases the petition shall be filed within ten (10) days of the 326
court order authorizing the filing of a petition. The court may, 327
in its discretion, dismiss the petition for failure to comply with 328
the time schedule contained herein. 329
SECTION 7. Section 93-15-109, Mississippi Code of 1972, is 330
amended as follows: 331
93-15-109. (1) A parent may accomplish the surrender of a 332
child to the Department of Child Protection Services or to a home 333
by: 334
(a) Delivering the child to the Department of Child 335
Protection Services or the home; 336
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ST: Baby Safety Device; remove "intent" and
revise termination of parental rights.
(b) Executing an affidavit of a written agreement that 337
names the child and which vests in the Department of Child 338
Protection Services or the home the exclusive custody, care and 339
control of the child; and 340
(c) Executing a written voluntary release as set forth 341
in Section 93-15-111(1). 342
(2) If a child has been surrendered to a home or other 343
agency operating under the laws of another state, and the child is 344
delivered into the custody of a petitioner or home within this 345
state, the execution of consent by the nonresident home or agency 346
shall be sufficient. 347
(3) A parent may accomplish the surrender of a child to an 348
emergency medical services provider or surrender to a baby safety 349
device pursuant to Sections 43-15-201 et seq. Nothing in this 350
section shall be construed to limit or restrict the delivery and 351
surrender of a child to an emergency medical services provider 352
pursuant to Section 43-15-201 et seq. 353
SECTION 8. This act shall take effect and be in force from 354
and after July 1, 2026. 355