Section 2. Legislative findings.
The General Assembly hereby finds as follows:
(1) Shaken baby syndrome occurs frequently when a
frustrated caregiver loses control because of an inconsolable
crying baby.
(2) A baby's head is large and heavy in proportion to
the baby's body. There is space between the brain and skull
to allow for growth and development. The baby's neck muscles
are not yet developed.
(3) When an infant or young toddler, usually under two
years of age, is shaken, the brain rebounds against the
skull, causing bruising of the brain, swelling, pressure and
bleeding (intracerebral hemorrhage). This can easily lead to
permanent, severe brain damage or death. Shaking an infant or
small child may also cause injuries to the neck and spine.
Retinal hemorrhages may result in loss of vision.
(4) More than 1,000,000 children are severely abused
annually, and shaken baby syndrome is a leading cause of
morbidity and mortality in infants.
(5) In the United States, the annual incidence rate of
shaken baby syndrome is between 750 and 3,750.
(6) One-third of the victims of shaken baby syndrome
survive with few or no consequences, one-third of the victims
suffer permanent injury and one-third of the victims die.
(7) Approximately 20% of cases are fatal in the first
few days after injury. Survivors may suffer handicaps ranging
from mild, including learning disorders, mental retardation,
seizure disorders, developmental delays and behavioral
changes, to moderate and severe, including profound mental
and developmental retardation, paralysis, blindness,
inability to eat or permanent vegetative state.
(8) Parental behaviors, environmental factors and child
characteristics all may contribute to a shaking event.
(9) Merely telling caregivers not to shake their babies
does not go far enough. A plan of action or other
recommendations to help caregivers deal with a potentially
volatile situation must be offered.
(10) Parents and other caregivers need assurance that
allowing a baby to cry is acceptable if all of the child's
needs have been met. The caregiver should address his or her
stress level and attempt to engage in stress management
techniques.
(11) Shaken baby syndrome is preventable. Parents should
share the message of the dangers of shaking with all who care
for their infant or child, including spouses, their own
parents, siblings, day-care providers and others. Parents
need to inform those who are caring for their child that it
is appropriate to call for help when they feel out of
control.