MS HB1380

Amends Mississippi Code Section 97-5-39 to establish felonious child abuse when a child tests positive at birth for controlled substances not prescribed by a physician, with the mother subject to up to 5 years imprisonment and a fine not exceeding $5,000.

Modifies Section 43-21-105 to include in the definition of "abused child" any child who tests positive at birth for a controlled substance unless the substance was prescribed by a physician.

Updates Section 43-21-603 to allow courts to bypass reasonable efforts requirements and order immediate foster care placement when a child tests positive at birth for unprescribed controlled substances.

Applies to all controlled substances as defined in Section 41-29-105, with the physician-prescribed exception allowing legal use of controlled substances during pregnancy.

Takes effect July 1, 2024.