Measure will increase parental awareness and help prevent shaken baby syndrome

Sep 23 2004

Governor George E. Pataki today announced that he has signed into law legislation that will further protect New York's newborns and young children by requiring hospitals and birth centers to show a State-approved injury prevention video on shaken baby syndrome (SBS) to all parents during the mother's maternity stay.

The law builds on the Governor's commitment to ensure that parents, caregivers and health care providers are fully informed and educated about the dangers associated with shaken baby syndrome and ways to prevent these violent incidents from occurring.

"Our priority is to ensure the health and well-being of our children, as well as provide parents, caregivers and health care providers with the information they need regarding shaken baby syndrome to help stop these tragic and preventable incidents from occurring," Governor Pataki said. "We're proud that this new law will build on our continuing efforts to protect children from child abuse and provide New York's families with the information and resources they need to ensure a safe and healthy environment for their children."

The new measure signed into law by the Governor expands current law by requiring that hospitals and birth centers, as part of their education awareness efforts, seek consent from parents to view a State-approved video presentation on the dangers associated with shaking infants and young children.

Senator Nick Spano said, "As the sponsor of the bill in the State Senate, I am gratified that this important educational measure is being signed into law today by Governor Pataki. Educating parents about the potential consequences of shaking babies and young children is a solid, first-step in helping to prevent these tragic incidents."

Assemblyman Bill Magnarelli said, "This legislation will enhance our existing programs to educate people about Shaken Baby Syndrome. By using a video format, we will make these educational efforts more user-friendly and more effective. I think people will be more likely to take advantage of the information available. They also will get the facts in a form that is emotionally powerful and compelling."

Jeanine Pirro, Westchester County District Attorney said, "Parents must recognize that shaking their infants is a life threatening form of child abuse. This law ensures that parents are provided with crucial information about shaken baby syndrome before leaving the hospital with their newborns. I am proud to join with Governor Pataki and Senator Spano in their continued efforts to protect our most valuable assets, our children."

Specifically, providers will be required to present parents with a consent form to sign indicating they have either viewed the video or have declined to participate in the educational program. Current law requires hospitals and birth centers to distribute an information leaflet to prospective maternity patients on the identification, diagnosis and prevention of SBS.

A video approved for use under the new law will be available through the State Health Department and the Office of Children and Family Services before the law takes effect in November. Hospitals and birthing centers are encouraged to use the State-approved video or another video production of their choice, provided it is approved by the State Health Department.

State Office of Children and Family Services (OCFS) Commissioner John A. Johnson said, "Thanks to Governor Pataki's support of initiatives to protect our children, New York is doing everything it can to make sure our children receive a safe, healthy start in life. The new law will help further educate parents on the consequences associated with shaken baby syndrome. The abusive actions of a parent or caregiver, in many cases, happen within seconds, but may lead to a lifelong, debilitating condition for the child, or result in his or her death. Our SBS videos are tools that will go a long way to helping prevent these tragedies from occurring."

State Health Commissioner Antonia C. Novello, M.D., M.P.H., Dr.P.H., said, "Under the leadership of Governor Pataki, New York State has strengthened initiatives to protect the health and well-being of our children and families. Nothing is more crucial than ensuring a safe environment for our children to grow up healthy and strong. The new law provides critical information on shaken baby syndrome to parents and other caregivers to help prevent these tragedies from occurring. We want families to enjoy their children's growing years and engender fond memories."

Jon B. Schandler, President and Chief Executive Officer of the White Plains Hospital Center said, "The death of a child, particularly one that can be avoided, is a devastating tragedy. White Plains Hospital has required all new parents to watch this video prior to discharge for quite some time and we believe it makes a real impact. The hospital endorses this legislation and applauds the Governor for his role in helping to educate our children's caretakers and taking a strong step towards alleviating any further tragedies."

Each year, approximately 2,000 cases of SBS are reported nationwide. Of those cases, between 25 and 33 percent of the victims die and many others sustain serious brain injuries. Most victims are infants one year of age or younger. And while there is no typical profile that describes a parent or caregiver who shakes a child, research suggests that education efforts such as a video can reduce the incidences of SBS.

In 2002, 37 children were hospitalized statewide for injuries sustained in relation to violence connected to SBS. The average length of the hospital stay for each of those patients was 15 days. Six of the children died.

This bill signed into law by the Governor will take effect on November 24, 2004.