2005 California Health and Safety Code Sections 24520-24522 Article 2. Shaken Baby Syndrome

HEALTH AND SAFETY CODE
SECTION 24520-24522

24520.  The Legislature finds and declares all of the following:
   (a) Shaken baby syndrome is a medically serious, sometimes fatal,
matter affecting newborns and very young children.  Shaking an infant
or child in anger is particularly dangerous.
   (b) Vigorous shaking of an infant or child can result in bleeding
inside the head, causing irreversible brain damage, blindness,
cerebral palsy, hearing loss, spinal cord injury, seizures, learning
disabilities, and even death.
   (c) While doctors have long recognized that shaking an infant or
child can cause injuries, many adults remain unaware of how dangerous
this practice can be.
   (d) Studies have shown that exposure to materials about the
dangers of shaking a baby improved understanding of the effects of
shaking an infant or child.
   (e) Shaken baby syndrome is preventable.  Knowledge about shaken
baby syndrome can be significantly raised through education and
public awareness campaigns.
   (f) It is the intent of the Legislature to encourage public and
private collaboration in developing instructional materials regarding
shaken baby syndrome, and to encourage that these materials be
supplied to health facilities, midwives, and to the State Department
of Social Services free of charge.
24521.  The purpose of this article is to prevent the occurrence of
injuries and deaths to infants and children as a result of shaken
baby syndrome by creating a statewide public awareness education
campaign.  The campaign shall include the distribution of readily
understandable information and instructional materials regarding
shaken baby syndrome, explaining its medical effects upon infants and
children and emphasizing preventive measures.
24522.  (a) Information and instructional materials as described in
Section 24521 shall be provided free of charge by each health
facility to parents or guardians of each newborn, upon discharge from
the health facility.  In the event of home birth attended by a
licensed midwife, the midwife shall provide the information and
instructional materials to the parents or guardians of the newborn.
   (b) The State Department of Social Services shall provide the
information and instructional materials free of charge to child care
providers upon licensure and at the time of site visit.
   (c) The information and instructional materials provided pursuant
to this section shall focus upon the serious nature of the risk to
infants and young children presented by shaken baby syndrome.
   (d) The requirement that informational and instructional materials
be provided pursuant to this section applies only when those
materials have been supplied to those persons or entities that are
required to provide the materials.  The persons or entities required
to provide these materials shall not be subject to any legal cause of
action whatsoever based on the requirements of this section.
   (e) For persons or agencies providing these materials pursuant to
this section, this section does not require the provision of
duplicative or redundant informational and instructional materials.


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