SB221,1,7
1An Act to amend 48.67, 49.155 (1d) (a) and 49.45 (44) (intro.); and
to create
220.435 (3) (e), 46.515 (4) (b) 3., 121.02 (1) (L) 6. and 253.15 of the statutes;
3relating to: the provision of information regarding shaken baby syndrome and
4impacted babies to the parents of newborn infants, training regarding shaken
5baby syndrome and impacted babies for day care providers, and instruction
6regarding shaken baby syndrome and impacted babies for middle school and
7high school pupils; and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS) is
required to prepare printed informational materials relating to sudden infant death
syndrome and to distribute those materials so as to maximize their availability to
parents. DHFS is also required to promulgate rules requiring day care center
licensees who are licensed to provide care and supervision for children under one
year of age and the employees and volunteers of those licensees to receive training
in sudden infant death syndrome before the license is issued or the employment or
volunteer work commences. The Department of Workforce Development (DWD) is
required to promulgate similar rules for day care providers who are certified to
receive reimbursement under the Wisconsin Works (W-2) program and for the
employees and volunteers of those providers.
This bill creates similar requirements relating to shaken baby syndrome, which
is defined in the bill as a severe form of brain injury that occurs when an infant or
young child is shaken forcibly enough to cause the brain to rebound against his or
her skull and requirements relating to impacted babies, which is defined as babies
that suffer death or great bodily harm as a result of being thrown against a surface,
hard or soft. Specifically, the bill requires DHFS to prepare or to contract with a
nonprofit organization that is dedicated to the prevention of shaken baby syndrome
and impacted babies and the support of families affected by shaken baby syndrome
or an impacted baby (nonprofit organization) to prepare printed and audiovisual
materials relating to shaken baby syndrome and impacted babies that include:
information regarding the identification and prevention of shaken baby syndrome
and impacted babies; the grave effects of shaking or throwing 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 bill requires the parents of a newborn infant to be provided with a copy of
those written materials and to be requested to view a presentation of those
audiovisual materials as follows:
1. In the case of an infant born at or on route to a hospital or maternity home,
by the attending physician, attending nurse-midwife, or a trained, designated staff
member of the hospital or maternity home before the infant is discharged from the
hospital or maternity home.
2. In the case of an infant born elsewhere than at or on route to a hospital or
maternity home, by the attending physician, attending nurse-midwife, or a trained,
designated birth attendant within seven days after the birth of the infant.
The bill also requires the person who provides those written materials to
provide those parents with a form that includes all of the following:
1. A statement that the parent has been advised as to the grave effects of
shaking or throwing on an infant or young child and of appropriate ways to manage
crying, fussing, or other causes that can lead a person to shake or throw an infant
or young child.
2. A telephone number that the parent may call to obtain assistance on how to
care for an infant or young child.
3. A statement that the parent will share that information with all persons who
provide care for the infant.
In addition, the bill requires that training relating to shaken baby syndrome
and impacted babies be provided:
1. Before an individual may obtain a license to operate a day care center or
enter into a contract with a school board to provide a day care program, by DHFS or
a nonprofit organization contracted by DHFS to provide that training.
2. Before an individual may be certified as a day care provider under the W-2
program, by a county department of human services or social services (county
department) or a nonprofit organization contracted by that county department to
provide the training.
3. Before an employee or volunteer of a day care center, of a day care provider,
or of a day care program may provide care and supervision for children, by DHFS,
the certifying county department, or a nonprofit organization contracted by DHFS
or county department to provide that training.
The training must be provided by no later than the continuation date of the
license or the renewal date of the certification or contract, whichever is applicable,
or by two years after the effective date of the bill, whichever is sooner, for an
individual who on the day before the initial applicability date of the bill: 1) already
holds or has applied for a license to operate a day care center; 2) is already certified
as a day care provider or has applied for that certification; 3) is already providing a
day care program under a contract with a school board; or 4) is already an employee
or volunteer of such a licensee, provider, or program.
In addition, the bill requires each school board to provide or contract with a
nonprofit organization to provide instruction relating to shaken baby syndrome and
impacted babies for pupils in grade 11 and one of grades 5 to 8. The bill permits the
person providing the instruction to provide to each pupil receiving the instruction a
copy of the written materials prepared by DHFS or the nonprofit organization, a
presentation of the audiovisual materials prepared by DHFS or the nonprofit
organization, and an oral explanation of those written and audiovisual materials.
Moreover, the bill requires a county department or an Indian tribe that is
providing home visitation services under DHFS's Child Abuse and Neglect
Prevention Program or that is a provider of prenatal, postpartum, and young child
care coordination services in Milwaukee County under the Medical Assistance
program to provide to a recipient of those services, without cost, a copy of the written
materials relating to shaken baby syndrome and impacted babies prepared by DHFS
or the nonprofit organization and an oral explanation of those materials.
Finally, the bill requires DHFS to identify all infants and young children who
have shaken baby syndrome or who are impacted babies and all infants and young
children who have died as a result of being shaken or thrown by using the statewide
automated child welfare information system (commonly referred to as "WISACWIS")
and child fatality information compiled by the Department of Justice. For each
infant or young child so identified, DHFS must document the age, sex, and other
characteristics of the child that are relevant to the prevention of shaken baby
syndrome and impacted babies and, if known, the age, sex, employment status, and
residence of the person who shook or threw the infant or young child, the relationship
of that person to the child, and any other characteristics of that person that are
relevant to the prevention of shaken baby syndrome and impacted babies.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB221, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB221, s. 2
3Section
2. 20.435 (3) (e) of the statutes is created to read:
SB221,4,64
20.435
(3) (e)
Shaken baby syndrome and impacted babies prevention. The
5amounts in the schedule for shaken baby syndrome and impacted babies prevention
6activities under s. 253.15.
SB221, s. 3
7Section
3. 46.515 (4) (b) 3. of the statutes is created to read:
SB221,4,118
46.515
(4) (b) 3. A county or Indian tribe that is providing home visitation
9program services under subd. 1. or 2. shall provide to a person receiving those
10services the information relating to shaken baby syndrome and impacted babies
11required under s. 253.15 (6).
SB221, s. 4
12Section
4. 48.67 of the statutes is amended to read:
SB221,5,14
1348.67 Rules governing child welfare agencies, day care centers, foster
14homes, treatment foster homes, group homes, shelter care facilities and
15county departments. The department shall promulgate rules establishing
16minimum requirements for the issuance of licenses to, and establishing standards
17for the operation of, child welfare agencies, day care centers, foster homes, treatment
18foster homes, group homes, shelter care facilities, and county departments. These
1rules shall be designed to protect and promote the health, safety, and welfare of the
2children in the care of all licensees. The department shall consult with the
3department of commerce
and, the department of public instruction
, and the child
4abuse and neglect prevention board before promulgating these rules. In establishing
5the minimum requirements for the issuance of licenses to day care centers
that
6provide care and supervision for children under one year of age, the department shall
7include a requirement that all licensees who are individuals and all employees and
8volunteers of a licensee who provide care and supervision for children receive, before
9the date on which the license is issued or the employment or volunteer work
10commences, whichever is applicable,
the training relating to shaken baby syndrome
11and impacted babies required under s. 253.15 (4) and, if the licensee, employee, or
12volunteer provides care and supervision for children under one year of age, training
13in the most current medically accepted methods of preventing sudden infant death
14syndrome.
SB221, s. 5
15Section
5. 49.155 (1d) (a) of the statutes is amended to read:
SB221,6,516
49.155
(1d) (a) The department shall promulgate rules establishing standards
17for the certification of child care providers under s. 48.651.
The department shall
18consult with the child abuse and neglect prevention board before promulgating these
19rules. In establishing the requirements for certification under this paragraph of a
20child care provider
who provides care and supervision for children under one year
21of age, the department shall include a requirement that all providers and all
22employees and volunteers of a provider who provide care and supervision for children
23receive, before the date on which the provider is certified or the employment or
24volunteer work commences, whichever is applicable,
the training relating to shaken
25baby syndrome and impacted babies required under s. 253.15 (4) and, if the provider,
1employee, or volunteer provides care and supervision for children under one year of
2age, training in the most current medically accepted methods of preventing sudden
3infant death syndrome. In establishing the requirements for certification as a Level
4II certified family day care provider, the department may not include any other
5requirement for training for providers.
SB221, s. 6
6Section
6. 49.45 (44) (intro.) of the statutes is amended to read:
SB221,6,157
49.45
(44) Prenatal, postpartum and young child care coordination. (intro.)
8Providers in Milwaukee County that are certified to provide care coordination
9services under s. 49.46 (2) (b) 12. may be certified to provide to medical assistance
10recipients prenatal and postpartum care coordination services and care coordination
11services for children who have not attained the age of 7.
A provider of those care
12coordination services shall provide to a person receiving those services the
13information relating to shaken baby syndrome and impacted babies required under
14s. 253.15 (6). The department shall provide reimbursement for
these those care
15coordination services only if at least one of the following conditions is met:
SB221, s. 7
16Section
7. 121.02 (1) (L) 6. of the statutes is created to read:
SB221,6,1917
121.02
(1) (L) 6. In grade 11 and one of the grades 5 to 8, provide pupils with
18the instruction on shaken baby syndrome and impacted babies described in s. 253.15
19(5).
SB221, s. 8
20Section
8. 253.15 of the statutes is created to read:
SB221,6,22
21253.15 Shaken baby syndrome and impacted babies. (1) Definitions. 22In this section:
SB221,6,2423
(a) "County department" means a county department of human services or
24social services under s. 46.215, 46.22, or 46.23.
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1(b) "Impacted baby" means an infant or young child who suffers death or great
2bodily harm as a result of being thrown against a surface, hard or soft.
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(c) "Nonprofit organization" means an organization described in section
501 (c)
4(3) of the Internal Revenue Code that is dedicated to the prevention of shaken baby
5syndrome and impacted babies and the support of families affected by shaken baby
6syndrome or an impacted baby.
SB221,7,97
(d) "Shaken baby syndrome" means a severe form of brain injury that occurs
8when an infant or young child is shaken forcibly enough to cause the brain to rebound
9against his or her skull.
SB221,8,4
10(2) Informational materials. The department shall prepare or contract with
11a nonprofit organization to prepare printed and audiovisual materials relating to
12shaken baby syndrome and impacted babies. The materials shall include
13information regarding the identification and prevention of shaken baby syndrome
14and impacted babies, the grave effects of shaking or throwing on an infant or young
15child, appropriate ways to manage crying, fussing, or other causes that can lead a
16person to shake or throw an infant or young child, and a discussion of ways to reduce
17the risks that can lead a person to shake or throw an infant or young child. The
18materials shall be prepared in English, Spanish, and other languages spoken by a
19significant number of state residents, as determined by the department. The
20department shall make those written and audiovisual materials available to all
21hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are
22required to provide the materials to parents under sub. (3) (a), to all county
23departments and nonprofit organizations that are required to provide the materials
24to day care providers under sub. (4), and to all school boards and nonprofit
25organizations that are permitted to provide the materials to pupils in grade 11 and
1one of the grades 5 to 8 under sub. (5). The department shall also make those written
2materials available to all county departments and Indian tribes that are providing
3home visitation services under s. 46.515 (4) (b) 1. or 2. and to all providers of prenatal,
4postpartum, and young child care coordination services under s. 49.45 (44).
SB221,8,17
5(3) Information to parents. (a) Before an infant who is born at or on route to
6a hospital or maternity home is discharged from the hospital or maternity home, the
7attending physician, the attending nurse midwife, or another trained, designated
8staff member of the hospital or maternity home shall provide to the parents of the
9infant, without cost to those parents, a copy of the written materials prepared under
10sub. (2) and shall request those parents to view a presentation of the audiovisual
11materials prepared under sub. (2). Within 7 days after the birth of an infant who is
12born elsewhere than at or on route to a hospital or maternity home, the attending
13physician, the attending nurse-midwife, or a trained, designated birth attendant
14who attended the birth of the child shall provide to the parents of the infant, without
15cost to those parents, a copy of the written materials prepared under sub. (2) and
16shall request those parents to view a presentation of the audiovisual materials
17prepared under sub. (2).
SB221,8,2218
(b) At the same time that the materials and explanation are provided under
19par. (a), the person who provides the materials and explanation shall also provide the
20parent with a form prepared by the department in English, Spanish, and other
21languages spoken by a significant number of state residents, as determined by the
22department, that includes all of the following:
SB221,9,223
1. A statement that the parent has been advised as to the grave effects of
24shaking or throwing on an infant or young child and of appropriate ways to manage
1crying, fussing, or other causes that can lead a person to shake or throw an infant
2or young child.
SB221,9,83
2. A telephone number that the parent may call to obtain assistance on how to
4care for an infant or young child, which may be the telephone number of the infant's
5physician, the hospital or maternity home at or on route to which the infant was born,
6the nurse-midwife that attended the birth of the infant, if born elsewhere than at
7or on route to a hospital or maternity home, or a help line established by the hospital,
8maternity home, or nurse-midwife.
SB221,9,109
3. A statement that the parent will share the information specified in subds.
101. and 2. with all persons who provide care for the infant.
SB221,9,1411
(c) The person who provides the materials and explanation under par. (a) and
12the form under par. (b) shall include in the records of the hospital, maternity home,
13or nurse-midwife relating to the infant a statement that the materials, explanation,
14and form have been provided as required under pars. (a) and (b).
SB221,9,25
15(4) Training for day care providers. Before an individual may obtain a license
16to operate a day care center under s. 48.65 or enter into a contract to provide a day
17care program under s. 120.13 (14), the individual shall receive training relating to
18shaken baby syndrome and impacted babies provided by the department or a
19nonprofit organization contracted by the department to provide that training. Before
20an individual may be certified as a day care provider under s. 48.651, the individual
21shall receive training relating to shaken baby syndrome and impacted babies
22provided by the certifying county department or a nonprofit organization contracted
23by that county department to provide that training. Before an employee or volunteer
24of a day care center licensed under s. 48.65, a day care provider certified under s.
2548.651, or a day care program established under s. 120.13 (14) may provide care and
1supervision for children, the employee or volunteer shall receive training relating to
2shaken baby syndrome and impacted babies provided by the department, the
3certifying county department, or a nonprofit organization contracted by the
4department or county department to provide that training. The person conducting
5the training shall provide to the individual receiving the training, without cost to the
6individual, a copy of the written materials prepared under sub. (2), a presentation
7of the audiovisual materials prepared under sub. (2), and an oral explanation of those
8written and audiovisual materials.
SB221,10,15
9(5) Instruction for pupils. Each school board shall provide or contract with
10a nonprofit organization to provide instruction relating to shaken baby syndrome
11and impacted babies for pupils in grade 11 and one of the grades 5 to 8. The person
12providing the instruction may provide to each pupil receiving the instruction a copy
13of the written materials prepared under sub. (2), a presentation of the audiovisual
14materials prepared under sub. (2), and an oral explanation of those written and
15audiovisual materials.
SB221,10,21
16(6) Information to home visitation or care coordination services recipients. 17A county department or Indian tribe that is providing home visitation services under
18s. 46.515 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care
19coordination services under s. 49.45 (44) shall provide to a recipient of those services,
20without cost, a copy of the written materials prepared under sub. (2) and an oral
21explanation of those materials.
SB221,10,25
22(7) Immunity from liability. (a) The department or a nonprofit organization
23contracted with under sub. (2) is immune from liability for any damages resulting
24from any good faith act or omission in preparing and distributing, or in failing to
25prepare and distribute, the materials specified in sub. (2).
SB221,11,5
1(b) A hospital, maternity home, physician, nurse-midwife, other staff member
2of a hospital or maternity home, or other birth attendant attending the birth of an
3infant is immune from liability for any damages resulting from any good faith act or
4omission in providing or failing to provide the written and audiovisual materials
5specified in sub. (3) (a) or the form specified in sub. (3) (b).
SB221,11,126
(c) The department, a county department, or a nonprofit agency contracted
7with under sub. (4) is immune from liability for any damages resulting from any good
8faith act or omission in providing or failing to provide the training, written and
9audiovisual materials, and the oral explanation specified in sub. (4). A school board
10is immune from liability for any damages resulting from any good faith act or
11omission in connection with the provision of or the failure to provide, the training,
12written and audiovisual materials, and oral explanation specified in sub. (4).
SB221,11,1513
(d) A school board is immune from liability for any damages resulting from any
14good faith act or omission in providing or failing to provide the instruction and the
15written and audiovisual materials and oral explanation specified in sub. (5).
SB221,11,2016
(e) A county department or Indian tribe that is providing home visitation
17services under s. 46.515 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and
18young child care coordination services under s. 49.45 (44) is immune from liability
19for any damages resulting from any good faith act or omission in providing or failing
20to provide the written materials and oral explanation specified in sub. (6).
SB221,12,8
21(8) Identification of shaken or impacted babies. The department of health and
22family services shall identify all infants and young children who have shaken baby
23syndrome or who are impacted babies and all infants and young children who have
24died as a result of being shaken or thrown by using the statewide automated child
25welfare information system established under s. 46.03 (7) (g) and child fatality
1information compiled by the department of justice. For each infant or young child
2so identified, the department of health and family services shall document the age,
3sex, and other characteristics of the infant or young child that are relevant to the
4prevention of shaken baby syndrome and impacted babies and, if known, the age,
5sex, employment status, and residence of the person who shook or threw the infant
6or young child, the relationship of that person to the infant or young child, and any
7other characteristics of that person that are relevant to the prevention of shaken
8baby syndrome and impacted babies.
SB221,12,1110
(1)
Shaken baby syndrome and impacted babies; informational materials;
11training; rules; positions.
SB221,12,1912
(a)
Preparation and distribution of informational materials. By the first day
13of the 12th month beginning after the effective date of this subsection, the
14department of health and family services or a nonprofit organization, as defined in
15section 253.15 (1) (b) of the statutes, as created by this act, contracted by that
16department shall prepare the informational materials specified in section 253.15 (2)
17of the statutes, as created by this act, and that department shall make those
18materials available as required under section 253.15 (2) of the statutes, as created
19by this act.
SB221,12,2020
(b)
Training for day care providers.
SB221,13,8
211. Notwithstanding section 253.15 (4) of the statutes, as created by this act, the
22department of health and family services or a nonprofit organization, as defined in
23section 253.15 (1) (b) of the statutes, as created by this act, contracted by that
24department shall provide the training required under section 253.15 (4) of the
25statutes, as created by this act, to all individuals who on the day before the first day
1of the 12th month beginning after the effective date of this subdivision, hold or have
2applied for a license under section 48.65 of the statutes to operate a day care center
3or are providing a day care program under a contract under section 120.13 (14) of the
4statutes, and to all employees and volunteers of that day care center or day care
5program who on that day are providing care and supervision for children, by no later
6than the continuation date of the license or the renewal date of the contract,
7whichever is applicable, or by two years after the effective date of this subdivision,
8whichever is sooner.
SB221,13,20
92. Notwithstanding section 253.15 (4) of the statutes, as created by this act, a
10county department, as defined in section 253.15 (1) (a) of the statutes, as created by
11this act, or a nonprofit organization, as defined in section 253.15 (1) (b) of the
12statutes, as created by this act, contracted by that county department shall provide
13the training required under section 253.15 (4) of the statutes, as created by this act,
14to all individuals who on the day before the first day of the 12th month beginning
15after the effective date of this subdivision, are certified by that county department
16as day care providers under section 48.651 of the statutes or have applied for that
17certification, and to all employees and volunteers of that day care provider who on
18that day are providing care and supervision for children, by no later than the renewal
19date of the certification or by two years after the effective date of this subdivision,
20whichever is sooner.
SB221,14,4
221. The department of health and family services shall submit in proposed form
23the rules required under section 48.67 of the statutes, as affected by this act, to the
24legislature under section 227.19 of the statutes no later than the first day of the 12th
25month beginning after the effective date of this subdivision. Before the date on which
1the rules are finally promulgated, the department of health and family services shall
2administer section 253.15 (4) of the statutes, as created by this act, according to
3policies and procedures established by that department, but not promulgated as
4rules, notwithstanding the absence of rules to administer that provision.
SB221,14,16
52. The department of workforce development shall submit in proposed form the
6rules required under section 49.155 (1d) (a) of the statutes, as affected by this act,
7to the legislature under section 227.19 of the statutes no later than the first day of
8the 12th month beginning after the effective date of this subdivision.
9Notwithstanding section 227.137 (2) of the statutes, the secretary of administration
10may not require the department of workforce development to prepare an economic
11impact report for the rules required under section 49.155 (1d) (a) of the statutes, as
12affected by this act. Before the date on which the rules are finally promulgated, the
13department of workforce development shall administer section 253.15 (4) of the
14statutes, as created by this act, according to policies and procedures established by
15that department, but not promulgated as rules, notwithstanding the absence of rules
16to administer that provision.
SB221,14,2117
(d)
Positions. The authorized FTE positions for the department of health and
18family services are increased by 1.0 GPR nursing position, to be funded from the
19appropriation under section 20.435 (3) (e), as created by this act, for the purpose of
20administering the shaken baby syndrome and impacted babies prevention activities
21specified in section 253.15 of the statutes, as created by this act.
SB221,14,2423
(1)
Shaken baby syndrome and impacted babies; informational materials;
24training; instruction.
SB221,15,3
1(a)
Information to parents. The treatment of section 253.15 (3) of the statutes
2first applies to infants born on the first day of the 12th month beginning after the
3effective date of this paragraph.
SB221,15,114
(b)
Training for day care providers. The treatment of section 253.15 (4) of the
5statutes first applies to an individual who applies for a license to operate a day care
6center under section 48.65 of the statutes, who applies for certification as a day care
7provider under section 48.651 of the statutes, who enters into a contract to provide
8a day care program under section 120.13 (14) of the statutes, or who commences
9employment or volunteer work at a day care center, day care provider, or day care
10program on the first day of the 12th month beginning after the effective date of this
11paragraph.
SB221,15,1312
(c)
Instruction for pupils. The treatment of section 253.15 (5) of the statutes
13first applies to instructional programs provided in the 2007-08 school year.
SB221,15,1814
(d)
Information to home visitation or care coordination services recipients. The
15treatment of section 253.15 (6) of the statutes first applies to home visitation services
16under section 46.515 (4) (b) 1. or 2. of the statutes or prenatal, postpartum, and young
17child care coordination services under section 49.45 (44) of the statutes provided on
18the first day of the 12th month beginning after the effective date of this paragraph.
SB221,16,319
(e)
Identification of shaken or impacted babies. The treatment of section 253.15
20(8) of the statutes first applies to an infant or young child for whom information
21indicating that the infant or young child has shaken baby syndrome, as defined in
22section 253.15 (1) (d) of the statutes, as created by this act, or is an impacted baby,
23as defined in section 253.15 (1) (b) of the statutes, as created by this act, is entered
24into the statewide automated child welfare information system established under
25section 46.03 (7) (g) of the statutes, and to an infant or young child for whom child
1fatality information is compiled by the department of justice indicating that the
2infant or young child died as a result of being shaken or thrown, on the first day of
3the 12th month beginning after the effective date of this paragraph.
SB221,16,75
(1)
Shaken baby syndrome and impacted babies prevention activities. This act
6takes effect on the day after publication or on the 2nd day after publication of the
72005-07 biennial budget, whichever is later.