Senate Bill 2377

AN ACT TO ENACT THE MISSISSIPPI SAFE HAVEN LAW AND PROVIDE A CLEAR PATH TO PERMANENCY FOR CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF CHILD PROTECTION SERVICES; 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 AUTHORIZE AN INFANT'S PARENT TO GIVE UP CUSTODY OF AN INFANT TO AN EMERGENCY MEDICAL SERVICES PROVIDER DUE TO EXTENUATING CIRCUMSTANCES BY DIALING THE 911 EMERGENCY CALL NUMBER AND STAYING WITH THE INFANT UNTIL AN EMERGENCY MEDICAL SERVICES PROVIDER ARRIVES TO TAKE CUSTODY OF THE INFANT; TO REQUIRE THE EMERGENCY MEDICAL SERVICES PROVIDER TO ATTEMPT TO OBTAIN CERTAIN INFORMATION CONCERNING THE INFANT FROM THE PARENT 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 REQUIRE THE DEPARTMENT TO CONDUCT A REASONABLE SEARCH FOR THE RELATIVES OF THE CHILD FOR WHOM THE DEPARTMENT ASSUMES CARE, CONTROL AND CUSTODY WITHIN A CERTAIN TIMEFRAME; 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 AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CHILD ALLEGED TO HAVE BEEN ABUSED OR NEGLECTED SHALL BE A PARTY AND SHALL BE REPRESENTED BY COUNSEL; TO PROVIDE THAT A PARTY'S RIGHT TO REPRESENTATION SHALL EXTEND TO SHELTER HEARINGS; TO PROVIDE THAT THE DEPARTMENT OF CHILD PROTECTION SERVICES SHALL BE A NECESSARY PARTY AT ALL STAGES OF THE PROCEEDINGS INVOLVING A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY, INCLUDING, BUT NOT LIMITED TO, SHELTER, ADJUDICATORY, DISPOSITION AND PERMANENCY HEARINGS; TO AMEND SECTION 43-21-501, MISSISSIPPI CODE OF 1972, TO REQUIRE THE YOUTH COURT TO ISSUE A SUMMONS TO THE DEPARTMENT OF CHILD PROTECTION SERVICES IF A PETITION IS FILED THAT INVOLVES A CHILD FOR WHOM THE DEPARTMENT HAS CUSTODY OF OR MAY BE AWARDED CUSTODY OF; TO AMEND SECTION 43-21-701, MISSISSIPPI CODE OF 1972, TO ADD ADDITIONAL MEMBERS TO THE MISSISSIPPI COMMISSION ON A UNIFORM YOUTH COURT SYSTEM AND PROCEDURES; TO REVISE THE QUORUM OF THE COMMISSION; TO AMEND SECTION 43-21-703, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSION SHALL FILE A REPORT WITH THE LEGISLATURE ON OR BEFORE A CERTAIN DATE; TO AMEND SECTION 93-15-107, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK TO DOCKET TERMINATION-OF-PARENTAL-RIGHTS CASES AS PRIORITY CASES ON THE COURT'S DOCKET; TO REQUIRE IMMEDIATE NOTIFICATION TO THE ASSIGNED JUDGE UPON FILING; TO AMEND SECTION 93-17-3, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO DETERMINE IF A HOME STUDY IS NECESSARY IN AN ADOPTION; TO PROVIDE THAT FOR ADOPTION PROCEEDINGS THE CHANCERY COURT HAS ORIGINAL EXCLUSIVE JURISDICTION OVER ALL ADOPTION PROCEEDINGS EXCEPT WHEN A COUNTY COURT, SITTING AS A YOUTH COURT, HAS ACQUIRED JURISDICTION OF A CHILD IN AN ABUSE OR NEGLECT PROCEEDING; TO PROVIDE THAT THE COUNTY COURT SHALL HAVE ORIGINAL EXCLUSIVE JURISDICTION TO HEAR A PETITION FOR ADOPTION OF A CHILD IN AN ABUSE OR NEGLECT PROCEEDING; TO REQUIRE THE CLERK TO DOCKET ADOPTION PROCEEDINGS AS PRIORITY CASES ON THE COURT'S DOCKET; TO REQUIRE IMMEDIATE NOTIFICATION TO THE ASSIGNED JUDGE UPON FILING; TO AMEND SECTION 93-17-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO ORDER A HOME STUDY IF NECESSARY IN AN ADOPTION; TO AMEND SECTION 93-17-25, MISSISSIPPI CODE OF 1972, TO PROHIBIT CERTAIN PERSONS FROM DISCLOSING INFORMATION RECEIVED DURING CLOSED ADOPTION HEARINGS OR FROM RECORDS PERTAINING TO ADOPTION PROCEEDINGS; TO REPEAL SECTION 43-15-207, MISSISSIPPI CODE OF 1972, WHICH DEFINED THE TERM "EMERGENCY MEDICAL SERVICES PROVIDER" FOR PURPOSES OF THE BABY DROP-OFF LAW; AND FOR RELATED PURPOSES.

In the Senate

• Nicole Boyd

  Sponsor

• Senate floor amendmentAdopted

  Adopted Feb 8

l9n doesn't hold this bill's text yet.

In the Senate Jan 16 – Feb 8

1. Jan 16Referred to the Senate committee on Judiciary, Division A
2. Jan 31Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Feb 8Committee substitute adopted in the Senate
4. Amended in the Senate
5. Passed the Senate as amended

In the House of Representatives Feb 14 – Feb 28

1. Feb 14Sent to the House
2. Referred to the House committee on Judiciary A
3. Feb 28Died in committee in the House