Assigned to HEA & JUD                                                                            AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1105

 

sudden infant death syndrome; protocols

 

Purpose

 

            Requires the Department of Health Services (DHS) to establish death scene investigation protocols for apparent natural infant deaths.

 

Background

 

            Sudden Infant Death Syndrome (SIDS) is a postmortem diagnosis used when no known or possible cause for an infant’s death can be found following a thorough autopsy, death scene investigation and review of medical history.   According to DHS, Arizona had 35 deaths attributed to SIDS in 1999.  This is a 70.6 percent decrease in the SIDS rate over a ten-year period.

 

            Local police departments investigate cases of suspected sudden infant deaths.  Cause of death may be difficult to determine in these cases because of an infant’s size.  There is some concern that child abuse cases may be misdiagnosed as SIDS.  According to the American Academy of Pediatrics, cases of child abuse fatalities misdiagnosed as SIDS are uncommon.  A 1994 policy statement by the American Academy of Pediatrics estimated that cases of sudden infant death thought to be SIDS were correct 95-98 percent of the time.

 

            In 1996, the U.S. Department of Health and Human Services established standardized death scene investigation guidelines for suspected sudden infant deaths.  The guidelines are intended for coroners, medical examiners and police officers.  Using a standardized protocol ensures cases of child abuse are properly identified and can help eliminate situations of mistaken suspicion, accusations and sometimes prosecution of innocent parents or caregivers, according to the SIDS Alliance.

 

            There is no cost related to the provisions of this measure.

 

Provisions

 

1.      Requires DHS to establish death scene investigation protocols for apparent natural infant deaths.

 

2.      Requires, at a minimum, the protocols to:

 

  1. Recommend procedures for all first responders, law enforcement agencies and local social services agencies.
  2. Recommend an investigation of the scene where the infant was found.
  3. Recommend investigators use their skills and knowledge to determine the cause of death and keep in mind the need for compassion and sensitivity for the parents and caregivers.

 

3.      Requires DHS to develop an infant death checklist in conjunction with the Sudden Infant Death Advisory Council (Council) and in consultation with law enforcement.

 

4.      Requires DHS to consider guidelines endorsed by the National Sudden Infant Death Alliance and the National SIDS and Infant Death Program Support Center when developing the checklist.

 

5.      Charges the Council with approving and periodically reviewing the infant death checklist.

 

6.      Expands the membership of the Council to include a prosecutor appointed by the Arizona Prosecuting Attorneys’ Advisory Council.

 

7.      Requires a law enforcement officer investigating an unexplained infant death to complete an infant death investigation checklist developed by DHS and approved by the Council.

 

8.      Requires completion of the infant death investigation checklist by a law enforcement officer before an autopsy is conducted.

 

9.      Specifies that a law enforcement officer’s failure to use the checklist is not a defense to or basis for the dismissal of a criminal prosecution.

 

10.  Requires a law enforcement agency to maintain the original report and forward a copy to the county medical examiner and DHS.

 

11.  Expands mandatory minimum training for law enforcement officers to include:

 

  1. Medical information on unexplained infant death for first responders.
  2. Information on unexplained infant death investigation protocols.
  3. Use of the infant death investigation checklist.
  4. Importance of timely communication between the medical examiners office, DHS and appropriate social service agencies, dealing with infant death and bereavement, for better understanding of such deaths and to connect families to various community and public health support systems.

 

12.  Specifies that this act shall be known as “Brandon’s Law”.

 

13.   Provides for a general effective date.

 

Amendments Adopted by Health Committee

 

1.      Adds a prosecutor to the Council, which approves and reviews the infant death investigation checklist.

 

2.      Requires DHS to develop a protocol for death scene investigations for apparent natural infant death cases and specifies minimum protocols.

 

3.      Requires a law enforcement officer to use the infant death checklist developed by DHS and the Council in consultation with law enforcement.

 

4.      Expands mandatory minimum peace officer training on unexplained infant death to include medical information, investigation protocols, the infant death investigation checklist and awareness in dealing with families and child care providers.

 

Amendments Adopted by Committee of  the Whole

 

1.      Replaces the reference to a statewide sudden infant death syndrome alliance with appropriate social service agencies that address the issue of infant death and bereavement in law enforcement training requirements.

 

2.      Contains a clarifying change

 

Senate Action

 

HEA                2/13/01            DPA    7-1-0-0

JUD                 2/13/01            DP       7-0-1-0

3rd Read           2/26/01                        28-2-0-0

 

Prepared by Senate Staff

February 27, 2001