In 2009, the Montana Legislature passed a bill mandating education about Shaken Baby Syndrome, embodied in Sections 50-16-103, 50-16-104, and 50-19-311 of the Montana Codes Annotated (MCA):
50-16-103. Information on shaken baby syndrome — program.
(1) There is a shaken baby syndrome education program established in the department.
(2) The department shall:
(a) develop educational materials that present readily comprehensible information on shaken baby syndrome; and
(b) post the materials on the department’s website in an easily accessible format.
(3) The materials required to be produced by this section must be distributed at no cost to the recipients.
(4) For purposes of 50-16-104 and this section, the following definitions apply:
(a) “Child care facility” means a day-care center, day-care facility, family day-care home, or group day-care home as those terms are defined in 52-2-703.
(b) “Department” means the department of public health and human services provided for in 2-15-2201.
(c) “Hospital” means a hospital, as defined in 50-5-101, that regularly provides maternity, pediatric, or obstetrical care.
(d) “Parent” means either parent, unless the parents are not married or are separated or divorced, in which case, the term means the custodial parent. The term also means a prospective adoptive parent or foster parent with whom the child is placed.
(e) “Shaken baby syndrome” means damage to the brain of an infant or young child, including but not limited to swelling that impedes the supply of oxygen to the brain or any degree of brain damage that results from the infant or young child having been forcefully shaken.
History: En. Sec. 1, Ch. 365, L. 2009.