Short title

This Act may be cited as the

Shaken Baby Syndrome Prevention Act

Findings

The Congress finds as follows: (1)There are unfortunately many incidents that exemplify the abuse that children suffer across all 50 states—becoming victims of Shaken Baby Syndrome. One such incident involves 8-month-old Cynthia Gibbs, of Yonkers, New York, who on November 17, 2000, died of massive brain damage. Cynthia’s abuser and killer was her own State-certified child care provider operating child care services out of her home. Another involves 11-month-old George “Skipper” Lithco of Poughkeepsie, New York, who died on December 3, 2000, from brain injuries he suffered when he was shaken by his day care provider—a 51-year-old grandmother who said she lost control when he spit up on her and cried during his afternoon feeding. (2)The most recent National Child Abuse and Neglect Data System figures reveal that almost 900,000 children were victims of abuse and neglect in the United States in 2002, causing unspeakable pain and suffering to our most vulnerable citizens. (3)Among the children who are victims of abuse and neglect, nearly 4 children die in the United States each day. (4)Children aged 1 year or younger accounted for 41.2 percent of all child abuse and neglect fatalities in 2002, and children aged 4 years or younger accounted for 76.1 percent of all child abuse and neglect fatalities in 2002. (5)Abusive head trauma, including the trauma known as Shaken Baby Syndrome, is recognized as the leading cause of death of physically abused children. (6)Shaken Baby Syndrome can result in loss of vision, brain damage, paralysis, seizures, or death. (7)A 2003 report in the Journal of the American Medical Association estimated that, in the United States, an average of 300 children will die each year, and 600 to 1,200 more will be injured, of whom 2/3 will be babies or infants under 1 year in age, as a result of Shaken Baby Syndrome, with many cases resulting in severe and permanent disabilities. (8)Medical professionals believe that thousands of additional cases of Shaken Baby Syndrome are being misdiagnosed or are not detected. (9)Shaken Baby Syndrome often results in permanent, irreparable brain damage or death to an infant and may result in more than $1,000,000 in medical costs to care for a single, disabled child in just the first few years of life. (10)The most effective solution for ending Shaken Baby Syndrome is to prevent the abuse, and it is clear that the minimal costs of education and prevention programs may prevent enormous medical and disability costs and immeasurable amounts of grief for many families. (11)Prevention programs have demonstrated that educating new parents about the danger of shaking young children and how they can help protect their child from injury can bring about a significant reduction in the number of cases of Shaken Baby Syndrome. This is further evidenced in work completed by the Upstate New York SBS Prevention Project, which resulted in a 47 percent reduction in the number of shaking and subsequent inflicted head injuries in the Buffalo, New York, region. (12)Education programs have been shown to raise awareness and provide critically important information about Shaken Baby Syndrome to parents, care givers, daycare workers, child protection employees, law enforcement personnel, health care professionals, and legal representatives. (13)Efforts to prevent Shaken Baby Syndrome are supported by organizations across the United States whose mission it is to make aware, educate, and support the general public and professionals about Shaken Baby Syndrome, as well as increase support for victims and the families of victims.

Education and awareness campaign

(a)

In general

The Secretary of Health and Human Services shall develop and implement an effective ongoing public information and educational campaign to inform the public, in general, and new parents, child care providers, and other care givers of young children, in particular, about brain injuries and other harmful effects that may result from shaking infants and children under 5 years of age and healthy strategies to cope with a crying baby and related frustrations—all to help protect children from injury. (b)

Elements

The program under subsection (a) shall include at least the following elements: (1)Educational and informational materials in print, audio, video, electronic and other media which should be coordinated with national and Federal awareness activities, such as Shaken Baby Awareness Week, to the extent possible. (2)Public service announcements and advertisements. (3)Dissemination of effective prevention practices and techniques to parents and care givers, and to maternity hospitals, child care centers, organizations providing prenatal and postnatal care, and organizations providing parenting education and support services. (c)

Meetings with advocacy community

The Secretary of Health and Human Services, working with all relevant components, shall establish biannual meetings with Shaken Baby Syndrome advocacy groups, parenting support communities, organizations involved in child protection and child maltreatment prevention, and other Federal and State agencies that are or should be involved in prevention activities, including the Joint Commission on the Accreditation of Healthcare Organizations. (d)

Support for parents of surviving children

The Secretary of Health and Human Services, along with its components, the Shaken Baby Syndrome advocacy community, parenting support communities, organizations involved in child protection and child maltreatment prevention, as well as professional associations and institutions involved in medical research and treatment shall work to provide effective support for the parents of surviving children who suffer serious brain injuries as the result of shaking, especially during the traumatic period immediately following the shaking event, when parents most need support.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act $5,000,000 for fiscal year 2007.