Baby safety devices; provide for termination of parental rights and proceedings concerning the child.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2727

AN ACT TO AMEND SECTION 43-15-201, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THAT PLACEMENT OF A CHILD IN A BABY SAFETY DEVICE IS A 2
TERMINATION OF PARENTAL RIGHTS AND TO REMOVE THE REFERENCE TO A 3
PERSON DESIGNATED BY THE PARENT; TO AMEND SECTION 43-15-203, 4
MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT IN THE COUNTY 5
WHERE A BABY SAFETY DEVICE IS LOCATED TO HOLD A SHELTER HEARING 6
WITHIN 48 HOURS OF THE DEPARTMENT OF CHILD PROTECTION SERVICES 7
ASSUMING THE CARE, CONTROL AND CUSTODY OF THE CHILD; TO AMEND 8
SECTION 43-21-551, MISSISSIPPI CODE OF 1972, TO INCLUDE A CHILD 9
THAT HAS BEEN SURRENDERED TO A BABY SAFETY DEVICE TO THE LANGUAGE 10
REQUIRING AN ADJUDICATORY HEARING TO BE HELD WITHIN 90 DAYS AFTER 11
THE FILING OF THE PETITION; TO AMEND SECTION 43-21-603, 12
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT REASONABLE EFFORTS TO 13
MAINTAIN A CHILD WITHIN A HOME SHALL NOT BE REQUIRED WHEN A CHILD 14
HAS BEEN SURRENDERED TO A BABY SAFETY DEVICE; TO AMEND SECTION 15
43-21-451, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PROCEEDINGS 16
WHEN A CHILD HAS BEEN SURRENDERED TO A BABY SAFETY DEVICE SHALL BE 17
INITIATED BY THE FILING OF A PETITION IN YOUTH COURT; TO AMEND 18
SECTION 93-15-109, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A PARENT 19
TO SURRENDER A CHILD BY PLACING THE BABY IN A BABY SAFETY DEVICE; 20
TO AMEND SECTION 43-15-205, MISSISSIPPI CODE OF 1972, TO CONFORM; 21
AND FOR RELATED PURPOSES. 22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 23
SECTION 1. Section 43-15-201, Mississippi Code of 1972, is 24
amended as follows: 25
43-15-201. (1) An emergency medical services provider, 26
without a court order, shall take possession of a child who is 27
forty-five (45) days old or younger if the child is voluntarily: 28
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(a) Delivered to the provider; 29
(b) Placed in a baby safety device that is sponsored by 30
an emergency medical services provider and meets the requirements 31
described in subsection (2) of this section by the child's 32
parent * * *; or 33
(c) Delivered to an emergency medical services provider 34
in response to an emergency call from the parent who expressed an 35
intent to surrender the child to the law enforcement officer or 36
emergency medical services provider and expressed an intent to not 37
return for the child * * *. 38
* * * 39
(2) For purposes of this chapter, the term "baby safety 40
device" shall meet all of the following specifications: 41
(a) Designed to permit a parent to anonymously place an 42
infant in a climate controlled device * * * for an emergency 43
medical services provider to remove the infant from the device and 44
take custody of the infant; 45
(b) Installed in a conspicuous location with an 46
adequate dual alarm system connected to the physical location 47
where the device is installed. The dual alarm system must be: 48
(i) Tested at least once per week to ensure the 49
alarm system is in working order; and 50
(ii) Visually checked at least twice per day to 51
ensure the alarm system is in working order; and 52
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(iii) Approved by and located inside a 53
participating emergency medical services provider that is: 54
1. Licensed or otherwise legally operating in 55
this state; and 56
2. Staffed continuously on a twenty-four-hour 57
basis, seven (7) days a week and three hundred sixty-five (365) 58
days a year. 59
(c) Installed by a contractor licensed by the State of 60
Mississippi. 61
(d) The supporting frame of the device is anchored to 62
prevent movement of the unit as a whole. 63
(3) An adoption agency duly licensed by the Department of 64
Child Protection Services shall be prohibited from installing and 65
maintaining a baby safety device. 66
(4) The parent * * * who surrenders the baby shall not be 67
required to provide any information pertaining to his or her 68
identity, nor shall the emergency medical services provider 69
inquire as to same. If the identity of the parent * * * is known 70
to the emergency medical services provider, the emergency medical 71
services provider shall keep the identity confidential. 72
(5) A female presenting herself to a hospital through the 73
emergency room or otherwise, who is subsequently admitted for 74
purposes of labor and delivery, does not give up the legal 75
protections or anonymity guaranteed under this section. If the 76
mother clearly expresses a desire to voluntarily surrender custody 77
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of the newborn after birth, the emergency medical services 78
provider can take possession of the child, without further action 79
by the mother, as if the child had been presented to the emergency 80
medical services provider in the same manner outlined above in 81
subsection (1) of this section. 82
(a) If the mother expresses a desire to remain 83
anonymous, identifying information may be obtained for purposes of 84
securing payment of labor and delivery costs only. If the birth 85
mother is a minor, the hospital may use the identifying 86
information to secure payment through Medicaid, but shall not 87
notify the minor's parent or guardian without the minor's consent. 88
(b) The identity of the birth mother shall not be 89
placed on the birth certificate or disclosed to the Department of 90
Child Protection Services any state or local agency or any other 91
person. 92
(6) An emergency medical services provider who takes 93
possession of a child under this section shall perform any act 94
necessary to protect the physical health or safety of the child. 95
No court order or other legal document shall be required in order 96
for the emergency medical services provider to take possession of 97
a child whose parent surrenders custody under the provisions of 98
this article. 99
(7) Placement of a child in a baby safety device, pursuant 100
to this chapter, terminates any parental rights that the parent 101
had to that child by operation of law. 102
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SECTION 2. Section 43-15-203, Mississippi Code of 1972, is 103
amended as follows: 104
43-15-203. (1) No later than the close of the first 105
business day after the date on which an emergency medical services 106
provider takes possession of a child pursuant to Section 107
43-15-201, the provider shall notify the Department of Child 108
Protection Services that the provider has taken possession of the 109
child. 110
(2) The department shall assume the care, control and 111
custody of the child immediately on receipt of notice pursuant to 112
subsection (1). The department shall be responsible for all 113
medical and other costs associated with the child and shall 114
reimburse the hospital for any costs incurred prior to the child 115
being placed in the care of the department. 116
(3) (a) Immediately after assuming legal custody of the 117
infant, the department shall contact the local law enforcement 118
agency in the municipality or county in which the infant was 119
surrendered and the Department of Public Safety to determine 120
whether the infant is a missing child in this state or another 121
state. If the department determines that the infant is a missing 122
child, then the department shall perform its due diligence to 123
reunite the infant with his or her family. 124
(b) A law enforcement agency that is contacted under 125
the provisions of this subsection shall investigate whether the 126
child is reported as missing. 127
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(c) For purposes of this subsection (3), the term 128
"missing child" means person under the age of eighteen (18) 129
reported to police or by police as someone whose whereabouts are 130
unknown for any reason. 131
(4) Upon the department assuming the care, control and 132
custody of the child pursuant to subsection (2) of this section, 133
the youth court in the county where a baby safety device is 134
located shall hold a shelter hearing within forty-eight (48) hours 135
and notify the department that a shelter hearing has been 136
scheduled as soon as the date is known. 137
SECTION 3. Section 43-21-551, Mississippi Code of 1972, is 138
amended as follows: 139
43-21-551. (1) Unless the hearing is continued upon a 140
showing of good cause or the person who is a subject to the cause 141
has admitted the allegations of the petition, an adjudicatory 142
hearing shall be held within ninety (90) days after the filing of 143
the petition to determine whether there is legally sufficient 144
evidence to find that the child is a delinquent child, a child in 145
need of supervision, a neglected child, * * * an abused child or a 146
child surrendered to a baby safety device pursuant to Section 147
43-15-201. If the adjudicatory hearing is not held within the 148
ninety (90) days, the petition shall be dismissed with prejudice. 149
(2) If the child is in detention, the hearing shall be held 150
as soon as possible but not later than twenty-one (21) days after 151
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the child is first detained by the youth court unless the hearing 152
be postponed: 153
(a) Upon motion of the child; 154
(b) Where process cannot be completed; or 155
(c) Upon a judicial finding that a material witness is 156
not presently available. If the adjudicatory hearing is not held 157
or postponed for the aforesaid reasons, the child may be released 158
from detention. 159
(3) If the child is held in shelter, the hearing shall be 160
held as soon as possible but not later than thirty (30) days after 161
the child is first taken into custody unless the hearing is 162
postponed: 163
(a) Upon motion of the child; 164
(b) Where process cannot be completed; or 165
(c) Upon a judicial finding that a material witness is 166
not presently available. If the adjudicatory hearing is not held 167
or postponed for the aforesaid reasons, the child may be released 168
from shelter. 169
SECTION 4. Section 43-21-603, Mississippi Code of 1972, is 170
amended as follows: 171
43-21-603. (1) At the beginning of each disposition 172
hearing, the judge shall inform the parties of the purpose of the 173
hearing. 174
(2) All testimony shall be under oath unless waived by all 175
parties and may be in narrative form. The court may consider any 176
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evidence that is material and relevant to the disposition of the 177
cause, including hearsay and opinion evidence. At the conclusion 178
of the evidence, the youth court shall give the parties an 179
opportunity to present oral argument. 180
(3) If the child has been adjudicated a delinquent child, 181
before entering a disposition order, the youth court should 182
consider, among others, the following relevant factors: 183
(a) The nature of the offense; 184
(b) The manner in which the offense was committed; 185
(c) The nature and number of a child's prior 186
adjudicated offenses; 187
(d) The child's need for care and assistance; 188
(e) The child's current medical history, including 189
medication and diagnosis; 190
(f) The child's mental health history, which may 191
include, but not be limited to, the Massachusetts Youth Screening 192
Instrument version 2 (MAYSI-2); 193
(g) Copies of the child's cumulative record from the 194
last school of record, including special education records, if 195
applicable; 196
(h) Recommendation from the school of record based on 197
areas of remediation needed; 198
(i) Disciplinary records from the school of record; and 199
(j) Records of disciplinary actions outside of the 200
school setting. 201
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(4) If the child has been adjudicated a child in need of 202
supervision, before entering a disposition order, the youth court 203
should consider, among others, the following relevant factors: 204
(a) The nature and history of the child's conduct; 205
(b) The family and home situation; and 206
(c) The child's need of care and assistance. 207
(5) If the child has been adjudicated a neglected child or 208
an abused child, before entering a disposition order, the youth 209
court shall consider, among others, the following relevant 210
factors: 211
(a) The child's physical and mental conditions; 212
(b) The child's or family's need of assistance; 213
(c) The manner in which the parent, guardian or 214
custodian participated in, tolerated or condoned the abuse, 215
neglect or abandonment of the child; 216
(d) The ability of a child's parent, guardian or 217
custodian to provide proper supervision and care of a child; and 218
(e) Relevant testimony and recommendations, where 219
available, from the foster parent of the child, the grandparents 220
of the child, the guardian ad litem of the child, representatives 221
of any private care agency that has cared for the child, the 222
family protection worker or family protection specialist assigned 223
to the case, and any other relevant testimony pertaining to the 224
case. 225
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(6) After consideration of all the evidence and the relevant 226
factors, the youth court shall enter a disposition order that 227
shall not recite any of the facts or circumstances upon which the 228
disposition is based, nor shall it recite that a child has been 229
found guilty; but it shall recite that a child is found to be a 230
delinquent child, a child in need of supervision, a neglected 231
child or an abused child. 232
(7) If the youth court orders that the custody or 233
supervision of a child who has been adjudicated abused or 234
neglected be placed with the Department of Child Protection 235
Services or any other person or public or private agency, other 236
than the child's parent, guardian or custodian, the youth court 237
shall find and the disposition order shall recite that: 238
(a) (i) Reasonable efforts have been made to maintain 239
the child within his own home, but that the circumstances warrant 240
his removal and there is no reasonable alternative to custody; or 241
(ii) The circumstances are of such an emergency 242
nature that no reasonable efforts have been made to maintain the 243
child within his own home, and that there is no reasonable 244
alternative to custody; and 245
(b) That the effect of the continuation of the child's 246
residence within his own home would be contrary to the welfare of 247
the child and that the placement of the child in foster care is in 248
the best interests of the child; or 249
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(c) Reasonable efforts to maintain the child within his 250
home shall not be required if the court determines that: 251
(i) The parent has subjected the child to 252
aggravated circumstances, including, but not limited to, 253
abandonment, torture, chronic abuse and sexual abuse; or 254
(ii) The parent has been convicted of murder of 255
another child of that parent, voluntary manslaughter of another 256
child of that parent, aided or abetted, attempted, conspired or 257
solicited to commit that murder or voluntary manslaughter, or a 258
felony assault that results in the serious bodily injury to the 259
surviving child or another child of that parent; or 260
(iii) The parental rights of the parent to a 261
sibling have been terminated involuntarily; * * * 262
(iv) The child has been surrendered to a baby 263
safety device pursuant to Section 43-15-201; and 264
(v) That the effect of the continuation of the 265
child's residence within his own home would be contrary to the 266
welfare of the child and that placement of the child in foster 267
care is in the best interests of the child. 268
Once the reasonable efforts requirement is bypassed, the 269
court shall have a permanency hearing under Section 43-21-613 270
within thirty (30) days of the finding. 271
(8) Upon a written motion by a party, the youth court shall 272
make written findings of fact and conclusions of law upon which it 273
relies for the disposition order. If the disposition ordered by 274
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the youth court includes placing the child in the custody of a 275
training school, an admission packet shall be prepared for the 276
child that contains the following information: 277
(a) The child's current medical history, including 278
medications and diagnosis; 279
(b) The child's mental health history; 280
(c) Copies of the child's cumulative record from the 281
last school of record, including special education records, if 282
reasonably available; 283
(d) Recommendation from the school of record based on 284
areas of remediation needed; 285
(e) Disciplinary records from the school of record; and 286
(f) Records of disciplinary actions outside of the 287
school setting, if reasonably available. 288
Only individuals who are permitted under the Health Insurance 289
Portability and Accountability Act of 1996 (HIPAA) shall have 290
access to a child's medical records which are contained in an 291
admission packet. The youth court shall provide the admission 292
packet to the training school at or before the child's arrival at 293
the training school. The admittance of any child to a training 294
school shall take place between the hours of 8:00 a.m. and 3:00 295
p.m. on designated admission days. 296
(9) When a child in the jurisdiction of the Youth Court is 297
committed to the custody of the Mississippi Department of Human 298
Services or the Department of Child Protection Services and is 299
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believed to be in need of treatment for a mental or emotional 300
disability or infirmity, the Department of Human Services or the 301
Department of Child Protection Services shall file an affidavit 302
alleging that the child is in need of mental health services with 303
the Youth Court. The Youth Court shall refer the child to the 304
appropriate community mental health center for evaluation pursuant 305
to Section 41-21-67. If the prescreening evaluation recommends 306
residential care, the Youth Court shall proceed with civil 307
commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 308
43-21-611, and the Department of Mental Health, once commitment is 309
ordered, shall provide appropriate care, treatment and services 310
for at least as many adolescents as were provided services in 311
fiscal year 2004 in its facilities. 312
(10) Any screening and assessment examinations ordered by 313
the court may aid in dispositions related to delinquency, but no 314
statements or admissions made during the course thereof may be 315
admitted into evidence against the child on the issue of whether 316
the child committed a delinquent act. 317
SECTION 5. Section 43-21-451, Mississippi Code of 1972, is 318
amended as follows: 319
43-21-451. All proceedings seeking an adjudication that a 320
child is a delinquent child, a child in need of supervision, a 321
neglected child, * * * an abused child, or a child surrendered to 322
a baby safety device pursuant to Section 43-15-201, shall be 323
initiated by the filing of a petition. Upon authorization of the 324
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youth court, the petition shall be drafted and filed by the youth 325
court prosecutor unless the youth court has designated some other 326
person to draft and file the petition. The petition shall be 327
filed within five (5) days from the date of a detention hearing or 328
shelter hearing continuing custody. Unless another period of time 329
is authorized by the youth court or its designee, in noncustody 330
cases the petition shall be filed within ten (10) days of the 331
court order authorizing the filing of a petition. The court may, 332
in its discretion, dismiss the petition for failure to comply with 333
the time schedule contained herein. 334
SECTION 6. Section 93-15-109, Mississippi Code of 1972, is 335
amended as follows: 336
93-15-109. (1) A parent may accomplish the surrender of a 337
child to the Department of Child Protection Services or to a home 338
by: 339
(a) Delivering the child to the Department of Child 340
Protection Services or the home; 341
(b) Executing an affidavit of a written agreement that 342
names the child and which vests in the Department of Child 343
Protection Services or the home the exclusive custody, care and 344
control of the child; and 345
(c) Executing a written voluntary release as set forth 346
in Section 93-15-111(1). 347
(2) If a child has been surrendered to a home or other 348
agency operating under the laws of another state, and the child is 349
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ST: Baby safety devices; provide for
termination of parental rights and proceedings
concerning the child.
delivered into the custody of a petitioner or home within this 350
state, the execution of consent by the nonresident home or agency 351
shall be sufficient. 352
(3) A parent may accomplish the surrender of a child to an 353
emergency medical services provider or surrender to a baby safety 354
device pursuant to Sections 43-15-201 et seq. Nothing in this 355
section shall be construed to limit or restrict the delivery and 356
surrender of a child to an emergency medical services provider 357
pursuant to Section 43-15-201 et seq. 358
SECTION 7. Section 43-15-205, Mississippi Code of 1972, is 359
amended as follows: 360
43-15-205. It shall be an absolute affirmative defense to 361
prosecution under Sections 97-5-1, 97-5-3 and 97-5-39 if the 362
parent * * * voluntarily delivers the child unharmed to an 363
emergency medical services provider pursuant to this article. 364
SECTION 8. This act shall take effect and be in force from 365
and after July 1, 2026. 366