SBS: Legislation pending

SHAKEN BABY SYNDROME PREVENTION LEGISLATION

SUB-TOPICS LISTED:

Hospital-Based / Birthing Child Care Providers Public Awareness Campaigns School Awareness Other

June 2009 (updated September 2010)Child maltreatment ranges from neglect to emotional, physical or sexual abuse. According to the Centers for Disease Control and Prevention (CDC), there were approximately 800,000 cases of maltreatment in 2007, with 1,700 deaths. Rates of maltreatment are highest among infants—those under age 1—and decline through adolescence. In addition to the immediate harms of child maltreatment, over time maltreatment can cause developmental impairment, lead a child to risky behavior and chronic disease and, eventually, earlier death.
Shaken baby syndrome covers a variety of symptoms associated with the violent shaking of an infant or young child. This shaking usually occurs when a caretaker becomes frustrated such as when the child is crying. Prevention efforts typically include educating new parents on the dangers of shaken baby syndrome and coping mechanisms to resolve parental anger or frustration.
Updated September 2010

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STATE	CITE/BILL	HOSPITAL-BASED/BIRTHING
CA	CA Health & Safety Code § 24520	It is the intent of the Legislature to encourage public and private collaboration in developing instructional materials regarding shaken baby syndrome, and to encourage that these materials be supplied to health facilities, midwives, and to the State Department of Social Services free of charge.
HI	HI §321‑33	Authorizes a hospital, including a public health facility, to provide information regarding Shaken Baby Syndrome to the parents of all newborns under its care.
		"Shaken baby syndrome" means an injury caused by the vigorous shaking of an infant or young child that may result in injuries such as subdural hematoma, head injury, irreversible brain damage, blindness, retinal hemorrhage, eye damage, cerebral palsy, hearing loss, spinal cord injury.
IA	IA § 135.119	Establishes a statewide shaken baby syndrome prevention program educating parents and persons responsible for the care of a child about the dangers to children three years of age or younger caused by shaken baby syndrome and to discuss ways to reduce the syndrome's risks. Allows for voluntary participation by parents and persons responsible for the care of a child. Describes strategies for preventing shaken baby syndrome by providing education and support to parents and persons responsible for the care of a child and shall identify multimedia resources, written materials and other resources that can assist in providing the education and support.
MA	Title XVI Public Health, Chapter 111, § 24K	Provides an act for prevention of shaken baby syndrome.  Defines shaken baby syndrome.  Requires the departments of public health to collaborate with the department of social services, the Massachusetts Children's Trust Fund, other state agencies, law enforcement personnel, health care providers, human service providers and child advocacy organizations to develop and implement a comprehensive, state-wide Shaken Baby Syndrome Prevention Initiative to reduce death and disability resulting from Shaken Baby Syndrome.  Creates a surveillance and data collection program to measure the incidence of Shaken Baby Syndrome and traumatic brain injury.  Provides for education and training programs to be disseminated to parents prior to discharge from a hospital or birthing center, and to health care providers and caregivers.  Requires the programs to include information on the medical and physical effects of shaking infants and children, appropriate methods of handling infants and children, methods to prevent and reduce the risk of shaking infants and children and the availability of community-based resources and other resources to prevent shaken baby syndrome.  Requires an annual evaluation and report to the governor of the initiative.
MO	§ 191.748 R.S.Mo	Every hospital and any health care facility licensed in this state that provides obstetrical services shall offer to all new mothers an opportunity to view, with the father and other persons of the mother's choosing, a video on the dangers of shaking a baby and shaken baby syndrome, before the mother's discharge from the facility.  Such video shall be approved by the department of health and senior services.
MT	Montana Annotated Code 2009 §50-16-103	Creates the shaken baby syndrome education program; requires the preparation and distribution of shaken baby syndrome educational materials. Requires the department of public health and human services to record whether a reported case of child abuse involved shaken baby syndrome. "Shaken baby syndrome" means damage to the brain of an infant or young child, including but not limited to swelling that impedes the supply of oxygen to the brain or any degree of brain damage that results from the infant or young child having been forcefully shaken.
NE	Neb. Rev. Stat. § 71-2101 et seq. sec. 149	Shaken baby syndrome is the medical term used to describe the violent shaking of an infant or child and the injuries or other results sustained by the infant or child and may occur when an infant or child is violently shaken as part of a pattern of abuse or because an adult has momentarily succumbed to the frustration of responding to a crying infant or child.  Injuries can include brain swelling and damage, subdural hemorrhage, mental retardation, or death.
		Every hospital, birth center, or other medical facility that discharges a newborn child shall request that each maternity patient and father of a newborn child view a video presentation and read printed materials, approved by the Department of Health and Human Services, on the dangers of shaking infants and children,  Prior to hospital release new parents are required to view a video presentation and read materials on shaken baby syndrome, and sign a release that they have either done so or refused.
NJ	Assembly Bill 725 pending in 2009 session	Would require Department of Human Services to provide information on shaken baby syndrome to parents of newborn infants.   Would include information on the signs of child abuse and neglect, including shaken baby syndrome, the services provided by the State which help in preventing child abuse and neglect, the legal ramifications of abusing or neglecting a child and tips on child safety.
NY	NY Public Health Law § 2803-J	Requires hospital and birth centers to request that maternity patients and fathers view a video presentation on the dangers of shaking infants and small children. Requires such videos to be approved by the Commissioner of Health.  Provides for appropriate distribution of the training material and a form for acknowledging viewing or refusing to view such video.
		Every hospital and birth center shall request that each maternity patient and father of a newborn child view a video presentation on the dangers of shaking infants and young children and on the symptoms of shaken baby syndrome.  After viewing the video or upon refusal to view the video, the hospital or birth center shall request that patient and/or father sign a form stating that they have viewed, or refused to view, the video presentation.  The form shall be submitted to the department on a quarterly basis.  All training material and forms required to implement the provisions shall be provided by the commissioner.
OH	OH Revised Code 3701.63 & 3701.64	Requires the Director of Health to establish the Shaken Baby Syndrome Education Program and materials.  Requires the material to be distributed to parents and expectant parents by hospitals, pediatricians, birthing centers and “Help Me Grow” programs.
RI	R.I. Gen. Laws § 40-11-17	The department of health shall collaborate with the department of children, youth, and families and other state agencies serving families and children, the medical community, law enforcement, human service providers, and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting from shaken baby syndrome.
TN	Tennessee § 68-143-103	The departments of health and human services shall jointly develop information and instructional materials for distribution, free of charge, to health care facilities and midwives. The information and instructional materials provided shall focus upon the serious nature of the risk to infants and young children presented by shaken baby syndrome.  The department of health shall be the lead agency in developing such information and instructional materials.   Instructional materials shall be provided free of charge by each health care facility to parents, or guardians, of each newborn upon discharge from the health care facility.   If a home birth is attended by a nurse midwife, the nurse midwife shall provide the information and instructional materials to the parents or guardians of the newborn.
TX	TX Health & Safety Code Title 2 Subtitle H Chapter 161 Subchapter T Sec. 161.501	Requires the inclusion of information on preventing shaken baby syndrome including techniques for coping with anger caused by a crying baby; different methods for preventing a person from shaking a newborn, infant, or other young child;  the dangerous effects of shaking a newborn, infant, or other young child; the symptoms of shaken baby syndrome and who to contact, as recommended by the American Academy of Pediatrics, if a parent suspects or knows that a baby has been shaken in order to receive prompt medical treatment.
VA	Va. Code Ann. § 32.1-134.01	Every licensed nurse midwife, licensed midwife, or hospital providing maternity care shall, prior to releasing each maternity patient, make available to such patient and, if present, to the father of the infant, other relevant family members, or caretakers, information about the incidence of postpartum blues and perinatal depression and information to increase awareness of shaken baby syndrome and the dangers of shaking infants.  This information shall be discussed with the maternity patient and the father of the infant, other relevant family members, or caretakers who are present at discharge.
WI	Wis. Stat. § 253.15 (2)	The child abuse and neglect prevention board shall purchase, prepare or arrange, with a nonprofit organization, printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies; the grave effects of shaking or throwing on an infant or young child; appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child; and, a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives.
STATE	CITE/BILL	CHILD CARE PROVIDERS
FL	Fla. Stat. § 411.233	Requires child care personnel to be trained in recognizing and preventing shaken baby syndrome, preventing sudden infant death syndrome, and understanding early childhood brain development.
MA	Title XVI Public Health, Chapter 111, § 24K	Provides an act for prevention of shaken baby syndrome.  Defines shaken baby syndrome.  Requires the departments of public health to collaborate with the department of social services, the Massachusetts Children's Trust Fund, other state agencies, law enforcement personnel, health care providers, human service providers and child advocacy organizations to develop and implement a comprehensive, state-wide Shaken Baby Syndrome Prevention Initiative to reduce death and disability resulting from Shaken Baby Syndrome.  Creates a surveillance and data collection program to measure the incidence of Shaken Baby Syndrome and traumatic brain injury.  Provides for education and training programs to be disseminated to parents prior to discharge from a hospital or birthing center, and to health care providers and caregivers.  Requires the programs to include information on the medical and physical effects of shaking infants and children, appropriate methods of handling infants and children, methods to prevent and reduce the risk of shaking infants and children and the availability of community-based resources and other resources to prevent shaken baby syndrome.  Requires an annual evaluation and report to the governor of the initiative.
MN	Minn. Stat. § 245A.1445	Licensed child care and child foster care programs must document that before staff persons, caregivers, and helpers assist in the care of infants, they receive training on shaken baby syndrome.
MN	Minn. Stat. § 245A.40	Licensed child care and child foster care programs must document that before staff persons care for infants, they are instructed on and receive training on shaken baby syndrome.   The training must be at least one hour in length and must be completed at least once every five years.   At a minimum, the training must address the risk factors related to shaken baby syndrome, means of reducing the risk of shaken baby syndrome in child care, and license holder communication with parents regarding reducing the risk of shaken baby syndrome.
NY	NY Social Services Law § 390-A	Includes education and information on the identification, diagnosis and prevention of shaken baby syndrome under the training requirements for child day care providers.  Requires child day care providers to receive training in shaken baby syndrome.  This education is to be added to the training providers already receive on early childhood development, nutrition and statues and regulations on safety issues.  Limits mandated training on the shaken baby syndrome to those programs that legally may care for infants.  Exempts programs licensed or registered as school age child care, since those programs cannot legally care for infants.
TN	Tennessee § 68-143-103	The department of human services shall provide the information and instructional materials regarding shaken baby syndrome, explaining its medical effects upon infants and children and emphasizing preventive measures, free of charge to child care agencies under the jurisdiction of such department upon licensure and at the time of site visits.
TX	Tex. Hum. Res. Code § 42.0421	Requires an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training.  The special training must be included as a component of initial training and as a one-hour component of the required annual training.  The special training must include information on:  recognizing and preventing shaken baby syndrome.
WI	Wis. Stat. § 253.15 (6)	Before an individual may obtain a license to operate a day care center, or become certified, for the care and supervision of children under 5 years of age, or enter into a contract to provide a day care program for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a presentation of the audiovisual materials, and an oral explanation of those written and audio visual materials, on shaken baby syndrome.
STATE	CITE/BILL	PUBLIC AWARENESS CAMPAIGNS
CA	CA Health & Safety Code § 24521	Creates a statewide public awareness education campaign to prevent the occurrence of injuries and deaths to infants and children as a result of shaken baby syndrome.  The campaign shall include the distribution of readily understandable information and instructional materials regarding shaken baby syndrome, explaining its medical effects upon infants and children and emphasizing preventive measures.
IL	Senate Resolution 49.  Adopted 3/06/09	Designates the third week of April in 2009 as "Shaken Baby Syndrome Awareness Week" in the State of Illinois.
		Declares legislative intent that Shaken Baby Syndrome is recognized as the leading cause of death of physically abused children and is a totally preventable form of child abuse.  Shaking a baby that is less than one year in age can result in loss of vision as well as brain damage, paralysis, seizures, or death.  Children age one and younger accounted for 45 percent of child abuse and neglect fatalities in 2004, and children age three and younger accounted for 81 percent of all child abuse and neglect fatalities in 2004.   A 2003 report in the Journal of the American Medical Association estimates that, in the United States, an average of 300 children will die each year, and 600 to 1,200 more will be injured.  Medical professionals believe that thousands of additional cases of Shaken Baby Syndrome are being misdiagnosed or not detected.
IN	IC 16-41-40-2 & IC 16-41-40-3	As used in this chapter, "shaken baby syndrome" refers to the vigorous shaking of an infant or a young child.  The state department, with the assistance of the department of child services shall establish a program focusing on awareness and prevention of childhood hazards.  If a program is established, the state department, or the department of child services, may contract with a statewide nonprofit organization with experience and knowledge in childhood hazards to implement all or part of the program.
IA	Senate Bill 101	Establishes a Shaken Baby Syndrome prevention program in the Department of Public Health to educate parents and persons responsible for the care of a child about the dangers to children three years of age or younger caused by shaken baby syndrome and to discuss ways to reduce the syndrome's risks.  Allows for voluntary participation by parents and persons responsible for the care of a child.  Describes strategies for preventing shaken baby syndrome by providing education and support to parents and persons responsible for the care of a child and requires the identification of multimedia resources, written materials and other resources that can assist in providing education and support.
	Signed by the Governor 3/05/09
NE	Neb. Rev. Stat. § 71-2101 et seq. sec. 150	The Department of Health and Human Services shall conduct public awareness activities designed to promote the prevention shaken baby syndrome.  The public awareness activities may include, but are not be limited to, public service announcements, information kits and brochures, and the promotion of preventive telephone hotlines.
NV	NRS 236.070	Requires the Governor to proclaim the third week in April as Nevada Shaken Baby Syndrome Awareness Week.
NY	NY Public Health Law § 2745	Enacts "Cynthia's Law."  Requires the Department of Health to develop and implement a shaken baby syndrome public educational campaign to inform the general public about brain injuries and other harmful effects that may result from shaking infants and children under five years of age.  The program shall include, without limitation, the following elements: educational and informational materials in print, audio, video, electronic and other media and public service announcements and advertisements.
RI	R.I. Gen. Laws § 40-11-17	The department of health shall collaborate with the department of children, youth, and families and other state agencies serving families and children, the medical community, law enforcement, human service providers, and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting from shaken baby syndrome.
TN	Tennessee § 68-143-103	Prevents the occurrence of injuries and deaths to infants and children as a result of shaken baby syndrome by creating a statewide public awareness education campaign. The campaign shall include the distribution of readily understandable information and instructional materials regarding shaken baby syndrome, explaining its medical effects upon infants and children and emphasizing preventive measures.
WA	Rev. Code Wash. (ARCW) § 43.121.140	The council shall conduct a proactive, public information and communication outreach campaign regarding the dangers of shaking infants and young children, and the causes and prevention of shaken baby syndrome.   The campaign shall include production and distribution of a readily understandable brochure regarding shaken baby syndrome, explaining its medical effects upon infants and emphasizing preventive measures.  The brochure shall be distributed free of charge to the parents or guardians of each newborn, upon discharge from a hospital or other health facility. In the event of home birth attended by a licensed midwife, the midwife shall be responsible for presenting the brochure to the parents of the newborn.  The public information campaign may, within available funds, also include communication by electronic media, telephone hotlines, and existing parenting education events funded by the council.
STATE	CITE/BILL	SCHOOL AWARENESS
NY	NY Education Law § 804-B	All schools shall be authorized to include, as an integral part of home economics or health education, instruction regarding child development and parental skills and responsibility.  Requires the commissioner  to distribute  rules  and  regulations to establish a curriculum for instruction regarding child  development and parental skills and responsibility for the welfare  of  pupils  and  the  community  to be available in school  districts.  The contents may be  varied to meet the needs of particular  school  districts,  or  portions thereof,  and need not be uniform throughout the state; such curriculum may include instruction relating to the consequences and  prevention  of  shaken  baby  syndrome,  which may include  the  viewing of a video presentation for students in secondary schools.
WI	Wis. Stat. § 253.15 (5)	Each school board shall provide or arrange with a nonprofit organization or health care provider to provide age-appropriate instruction relating to shaken baby syndrome and impacted babies for pupils in one of grades 5 to 8 and in one of grades 10 to 12. The person providing the instruction may provide to each pupil receiving the instruction a copy of the written materials, a presentation of the audiovisual materials, and an oral explanation of those written and audiovisual materials.
STATE	CITE/BILL	OTHER
NY	NY Correction Law § 136	Requires inclusion of instruction in shaken baby syndrome as part of correctional facility education program.   Provides that the commissioner, in consultation with the commissioner of education, develop a curricula for, and require, provision of an education program to all inmates, on a periodic basis, on the consequences and prevention of shaken baby syndrome which may include the viewing of a video presentation and shall include training relating to the consequences and prevention of shaken baby syndrome.
NY	AB 11372	Enacts into law components of legislation necessary to implement provisions of law relating to the emergency appropriation. Repeal various public health programs, including the Public and Private Umbilical Cord Blood Banking Program, Shaken Baby Syndrome Public Education Campaign and the Reflex Sympathetic Dystrophy Program.