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