Senate File 349 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1142) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing a shaken baby syndrome prevention program in 2 the department of public health. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2019SV 82 5 jp/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 135.119 SHAKEN BABY SYNDROME 1 2 PREVENTION PROGRAM. 1 3 1. For the purposes of this section: 1 4 a. "Birth center" and "birthing hospital" mean the same as 1 5 defined in section 135.131. 1 6 b. "Child care provider" means the same as a child care 1 7 facility, as defined in section 237A.1, that is providing 1 8 child care to a child who is newborn through age three. 1 9 c. "Family support program" means a program offering 1 10 instruction and support for families in which home visitation 1 11 is the primary service delivery mechanism. 1 12 d. "Parent" means the same as "custodian", "guardian", or 1 13 "parent", as defined in section 232.2, of a child who is 1 14 newborn through age three. 1 15 e. "Person responsible for the care of a child" means the 1 16 same as defined in section 232.68, except that it is limited 1 17 to persons responsible for the care of a child who is newborn 1 18 through age three. 1 19 f. "Shaken baby syndrome" means the collection of signs 1 20 and symptoms resulting from the vigorous shaking of a child 1 21 who is three years of age or younger. Shaken baby syndrome 1 22 may result in bleeding inside the child's head and may cause 1 23 one or more of the following conditions: irreversible brain 1 24 damage; blindness, retinal hemorrhage, or eye damage; cerebral 1 25 palsy; hearing loss; spinal cord injury, including paralysis; 1 26 seizures; learning disability; central nervous system injury; 1 27 closed head injury; rib fracture; subdural hematoma; or death. 1 28 Shaken baby syndrome also includes the symptoms included in 1 29 the diagnosis code for shaken infant syndrome utilized by Iowa 1 30 hospitals. 1 31 2. a. The department shall establish through contract a 1 32 statewide shaken baby syndrome prevention program to educate 1 33 parents and persons responsible for the care of a child about 1 34 the dangers to children three years of age or younger caused 1 35 by shaken baby syndrome and to provide alternate techniques 2 1 for venting anger and frustration. The program shall allow 2 2 for voluntary participation and shall make available 2 3 multimedia educational resources, written materials, and other 2 4 resources to parents and persons responsible for the care of a 2 5 child. 2 6 b. The department shall provide for the development of 2 7 multimedia resources, related written materials, participation 2 8 and evaluation materials, and other resources. The department 2 9 shall consult with experts with experience in child abuse 2 10 prevention, child health, and parent education in developing 2 11 the resources and materials. 2 12 c. The program resources and materials shall be 2 13 distributed to birth centers, birthing hospitals, family 2 14 support programs, and child care providers. The department 2 15 shall implement a collaborative approach for distribution with 2 16 child abuse prevention programs, child care resource and 2 17 referral programs, programs receiving funding through the 2 18 community empowerment initiative, public and private schools, 2 19 hospital and health care provider associations, local health 2 20 departments, and others who regularly work with parents and 2 21 persons targeted by the program and the birth centers, 2 22 birthing hospitals, and child care providers who provide 2 23 services to such parents and persons. The distribution 2 24 approach shall provide for distribution by a local health 2 25 department in those areas where another collaborative agency 2 26 is not available or unable to provide the distribution. 2 27 3. Each birth center, birthing hospital, child care 2 28 provider, family support program, and maternal and pediatric 2 29 health services provider in the state is requested to 2 30 encourage program participation by the parents of newborn 2 31 children and persons responsible for the care of a child who 2 32 is newborn by doing all of the following: 2 33 a. Informing the parents and persons concerning the 2 34 program. 2 35 b. Making the program resources and materials available to 3 1 the parents and persons. 3 2 4. Beginning in January 2009, the department shall 3 3 annually report in January to the governor and general 3 4 assembly providing evaluation information concerning program 3 5 participants and agencies collaborating with the program and 3 6 program results. 3 7 5. The department shall implement the program to the 3 8 extent of the amount appropriated or made available for the 3 9 program for a fiscal year. 3 10 EXPLANATION 3 11 This bill establishes a shaken baby syndrome prevention 3 12 program in the department of public health in new Code section 3 13 135.119. 3 14 Terms are defined in the bill, largely based on existing 3 15 Code definitions. 3 16 "Birth center" means the same as defined in Code section 3 17 135.131: a facility or institution, which is not an 3 18 ambulatory surgical center or a hospital or in a hospital, in 3 19 which births are planned to occur following a normal, 3 20 uncomplicated, low=risk pregnancy. "Birthing hospital" means 3 21 the same as defined in Code section 135.131: a licensed 3 22 private or public hospital that has a licensed obstetric unit 3 23 or is licensed to provide obstetric services. "Child care 3 24 provider" means the same as "child care facility", as defined 3 25 in Code section 237A.1: a licensed child care center, 3 26 preschool, or a registered child development home, that is 3 27 providing care to children who are newborn through age three. 3 28 "Family support program" means a program offering instruction 3 29 and support for families in which home visitation is the 3 30 primary service delivery mechanism. 3 31 "Parent" means the same as "parent", "guardian", or 3 32 "custodian", as defined in Code section 232.2, of a child who 3 33 is newborn through age three. Under Code section 232.2, 3 34 "custodian" means a stepparent or a relative within the fourth 3 35 degree of consanguinity to a child who has assumed 4 1 responsibility for that child, a person who has accepted a 4 2 release of custody, or a person appointed by a court or 4 3 juvenile court having jurisdiction over a child; "guardian" 4 4 means a person who is not the parent of a child, but who has 4 5 been appointed by a court or juvenile court having 4 6 jurisdiction over the child, to have a permanent 4 7 self=sustaining relationship with the child and to make 4 8 important decisions which have a permanent effect on the life 4 9 and development of that child and to promote the general 4 10 welfare of that child; and "parent" means a biological or 4 11 adoptive mother or father of a child but does not include a 4 12 mother or father whose parental rights have been terminated. 4 13 "Person responsible for the care of a child" means the same 4 14 as defined in Code section 232.68, except that it is limited 4 15 to persons caring for a child who is newborn through age 4 16 three. Under Code section 232.68, the term means a parent, 4 17 guardian, or foster parent; a relative or any other person 4 18 with whom the child resides and who assumes care or 4 19 supervision of the child, without reference to the length of 4 20 time or continuity of such residence; an employee or agent of 4 21 any public or private facility providing care for a child, 4 22 including an institution, hospital, health care facility, 4 23 group home, mental health center, residential treatment 4 24 center, shelter care facility, detention center, or child care 4 25 facility; and any person providing care for a child, but with 4 26 whom the child does not reside, without reference to the 4 27 duration of the care. 4 28 "Shaken baby syndrome" means the collection of signs and 4 29 symptoms resulting from the vigorous shaking of a child who is 4 30 age three or younger that may result in bleeding inside the 4 31 head and may result in any of a number of conditions listed in 4 32 the bill. 4 33 The department is required to establish through contract a 4 34 statewide shaken baby syndrome prevention program directed to 4 35 parents and persons responsible for the care of a child, as 5 1 these terms are defined in the bill. 5 2 The department is required to work with various experts in 5 3 developing multimedia resources and written materials for 5 4 distribution under the program to birth centers, birthing 5 5 hospitals, and child care providers, and family support 5 6 programs. The department is required to implement a 5 7 collaborative approach for the distribution with various 5 8 programs, health services providers, and agencies that work 5 9 with the target population. If an area does not have a 5 10 collaborative agency to perform the distribution, the 5 11 distribution is required to be performed by the local health 5 12 department. 5 13 Each birth center, birthing hospital, child care provider, 5 14 and family support programs, and maternal and pediatric health 5 15 services provider in the state is requested to encourage 5 16 program participation by the parents of newborn children and 5 17 persons responsible for the care of a child who is newborn by 5 18 informing parents and others about the program and making 5 19 materials available. 5 20 Beginning in January 2009, the department is required to 5 21 report annually to the governor and general assembly 5 22 concerning the program and program results. 5 23 LSB 2019SV 82 5 24 jp:nh/gg/14