Infant Safe Haven Laws - Mississippi

Infant's Age
Citation: Ann. Code § 43-15-201

An infant who is 45 days old or younger may be relinquished.

Who May Relinquish the Infant
Citation: Ann. Code § 43-15-201

A child can be relinquished by the child's parent. 

Who May Receive the Infant
Citation: Ann. Code §§ 43-15-201; 43-15-207

The child may be relinquished in any of the following ways:

• Delivered to an emergency medical services provider
• Placed in a baby safety device that is sponsored by an emergency services provider
• 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
• Delivered to a person designated by the parent

A 'baby safety device' must meet following specifications:

• It is 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.
• It is 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:
  • Tested at least once per week to ensure the alarm system is in working order
  • Visually checked at least twice per day to ensure the alarm system is in working order
  • Approved by and located inside a participating emergency medical services provider that is staffed continuously on a 24-hour basis, 7 days a week and 365 days a year
• The supporting frame of the device is anchored to prevent movement of the unit.

A licensed adoption agency shall be prohibited from installing and maintaining a baby safety device.

The term 'emergency medical services provider' means a licensed hospital that operates an emergency department; a licensed adoption agency; any county or municipality that sponsors a baby safety device that meets the requirements of this act; State or local law enforcement agency; or fire station or mobile ambulance staffed with full-time firefighters, emergency medical technicians, or paramedics.

An emergency medical services provider does not include the offices, clinics, surgeries, or treatment facilities of private physicians or dentists. No individual licensed health-care provider, including physicians, dentists, nurses, physician assistants, or other health professionals shall be deemed to be an emergency medical services provider, unless such individual voluntarily assumes responsibility for the custody of the child.

Responsibilities of the Safe Haven Provider
Citation: Ann. Code §§ 43-15-201; 43-15-203

An emergency medical services provider, without a court order, shall take possession of a newborn who is voluntarily delivered to the provider by the child's parent, and the parent did not express an intent to return for the child.

An emergency medical services provider who takes possession of a child 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.

The provider shall notify the Department of Child Protection Services 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.

Immunity for the Provider
Citation: Ann. Code § 43-15-209

A person, entity, county, or municipality taking possession of 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 or failure to meet any other requirements of this act.

Protection for Relinquishing Parent
Citation: Ann. Code §§ 43-15-201; 43-15-205

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 the 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.

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.

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. 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.

It is an absolute affirmative defense to prosecution for abandonment, neglect, or exposure of the child if the parent or a person designated by the parent voluntarily delivers the child unharmed to an emergency medical services provider pursuant to this act.

Consequences of Relinquishment
Citation: Ann. Code §§ 43-15-201; 43-15-203

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.

The department shall assume control and custody of the child. Immediately after assuming legal custody of the infant, the department shall contact the local law enforcement agency in the municipality or county in which the infant was surrendered and the Department of Public Safety to determine whether the infant is a missing child in this State or another State. If the department determines that the infant is a missing child, then the department shall perform its due diligence to reunite the infant with his or her family.