Amendment SSA1-SB221

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2005 - 2006 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 221

June 21, 2005 - Offered by Senator Lassa.

SB221-SSA1,1,7 An Act to amend 48.67, 49.155 (1d) (a) and 49.45 (44) (intro.); and to create 20.435 (3) (e), 46.515 (4) (b) 3., 121.02 (1) (L) 6. and 253.15 of the statutes; relating to: the provision of information regarding shaken baby syndrome and impacted babies to the parents of newborn infants, training regarding shaken baby syndrome and impacted babies for day care providers, and instruction regarding shaken baby syndrome and impacted babies for middle school and high 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 substitute amendment creates similar requirements relating to shaken baby syndrome, which is defined in the substitute amendment 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 substitute amendment 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 substitute amendment 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 substitute amendment 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 substitute amendment 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 for children under five years of age or enter into a contract with a school board to provide a day care program for children under five years of age, 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 for children under five years of age 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 under five years of age, 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 substitute amendment, whichever is sooner, for an individual who on the day before the initial applicability date of the substitute amendment: 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 substitute amendment 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 and one of grades 5 to 8 and in one of grades 10 to 12. The substitute amendment 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 substitute amendment 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 substitute amendment 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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB221-SSA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB221-SSA1, s. 2 Section 2. 20.435 (3) (e) of the statutes is created to read:

SB221-SSA1,4,6 20.435 (3) (e) Shaken baby syndrome and impacted babies prevention. The amounts in the schedule for shaken baby syndrome and impacted babies prevention activities under s. 253.15.

SB221-SSA1, s. 3 Section 3. 46.515 (4) (b) 3. of the statutes is created to read:

SB221-SSA1,4,11 46.515 (4) (b) 3. A county or Indian tribe that is providing home visitation program services under subd. 1. or 2. shall provide to a person receiving those services the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6).

SB221-SSA1, s. 4 Section 4. 48.67 of the statutes is amended to read:

SB221-SSA1,5,19 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities , and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. These Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and, the department of public instruction, and the child abuse and neglect prevention board before promulgating these those rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome , if the licensee, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4), if the licensee, employee, or volunteer provides care and supervision for children under 5 years of age.

SB221-SSA1, s. 5 Section 5. 49.155 (1d) (a) of the statutes is amended to read:

SB221-SSA1,6,11 49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. The department shall consult with the child abuse and neglect prevention board before promulgating those rules. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome , if the provider, employee, or volunteer provides care and supervision for children under one year of age, and the training relating to shaken baby syndrome and impacted babies required under s. 253.15 (4), if the provider, employee, or volunteer provides care and supervision for children under 5 years of age. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include any other requirement for training for providers.

SB221-SSA1, s. 6 Section 6. 49.45 (44) (intro.) of the statutes is amended to read:

SB221-SSA1,6,21 49.45 (44) Prenatal, postpartum and young child care coordination. (intro.) Providers in Milwaukee County that are certified to provide care coordination services under s. 49.46 (2) (b) 12. may be certified to provide to medical assistance recipients prenatal and postpartum care coordination services and care coordination services for children who have not attained the age of 7. A provider of those care coordination services shall provide to a person receiving those services the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6). The department shall provide reimbursement for these those care coordination services only if at least one of the following conditions is met:

SB221-SSA1, s. 7 Section 7. 121.02 (1) (L) 6. of the statutes is created to read:

SB221-SSA1,6,25 121.02 (1) (L) 6. In one of grades 5 to 8 and in one of grades 10 to 12, provide pupils with the instruction on shaken baby syndrome and impacted babies described in s. 253.15 (5).

SB221-SSA1, s. 8 Section 8. 253.15 of the statutes is created to read:

SB221-SSA1,7,3 253.15 Shaken baby syndrome and impacted babies. (1) Definitions. In this section:

SB221-SSA1,7,5 (a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.

SB221-SSA1,7,7 (b) "Impacted baby" means an infant or young child who suffers death or great bodily harm as a result of being thrown against a surface, hard or soft.

SB221-SSA1,7,11 (c) "Nonprofit organization" means an organization described in section 501 (c) (3) of the Internal Revenue Code 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.

SB221-SSA1,7,14 (d) "Shaken baby syndrome" means 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.

SB221-SSA1,8,10 (2) Informational materials. The department shall prepare or contract with a nonprofit organization to prepare 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 department. The department shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide the materials to parents under sub. (3) (a), to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The department shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 46.515 (4) (b) 1. or 2. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44).

SB221-SSA1,8,23 (3) Information to parents. (a) Before an infant who is born at or on route to a hospital or maternity home is discharged from the hospital or maternity home, the attending physician, the attending nurse midwife, or another trained, designated staff member of the hospital or maternity home shall provide to the parents of the infant, without cost to those parents, a copy of the written materials prepared under sub. (2) and shall request those parents to view a presentation of the audiovisual materials prepared under sub. (2). Within 7 days after the birth of an infant who is born elsewhere than at or on route to a hospital or maternity home, the attending physician, the attending nurse-midwife, or a trained, designated birth attendant who attended the birth of the child shall provide to the parents of the infant, without cost to those parents, a copy of the written materials prepared under sub. (2) and shall request those parents to view a presentation of the audiovisual materials prepared under sub. (2).

SB221-SSA1,9,3 (b) At the same time that the materials and explanation are provided under par. (a), the person who provides the materials and explanation shall also provide the parent with a form prepared by the department in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the department, that includes all of the following:

SB221-SSA1,9,7 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.

SB221-SSA1,9,13 2. A telephone number that the parent may call to obtain assistance on how to care for an infant or young child, which may be the telephone number of the infant's physician, the hospital or maternity home at or on route to which the infant was born, the nurse-midwife that attended the birth of the infant, if born elsewhere than at or on route to a hospital or maternity home, or a help line established by the hospital, maternity home, or nurse-midwife.