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