STAND. COM. REP. NO. 21

Honolulu, Hawaii

RE:    S.B. No. 368

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Human Services, to which was referred S.B. No. 368 entitled:

"A BILL FOR AN ACT RELATING TO HUMAN SERVICES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Strengthen the safe sleep policy for child care facilities, which includes family child care homes, group child care centers, and group child care homes, and infant and toddler child care centers, that care for children one year of age or younger by:

          (A)  Requiring placement of children on their backs for sleeping, unless a health care professional, as defined in rules adopted by the Department of Human Services, waives the requirement in writing; and

          (B)  Establishing notice and training requirements; and

     (2)  Require child care facilities to report the death of a child less than one year of age that occurs in a child care facility to the Department of Human Services.

     Your Committee received testimony in support of this measure from the Hawai‘i Association for the Education of Young Children and one hundred individuals.  Your Committee received testimony in opposition to this measure from the Department of Human Services.  Your Committee received comments on this measure from the Hawaii Children's Action Network and eight individuals.

     Your Committee finds that sudden unexpected infant death is a broad term that refers to the sudden death of an infant less than one year of age where the specific cause of death is not immediately obvious prior to investigation.  According to the Centers for Disease Control and Prevention, more than 4,500 sudden unexpected infant deaths occur in the United States every year.  Your Committee further finds that sudden infant death syndrome, the sudden death of an infant less than one year of age where the death cannot be explained even after a thorough investigation is conducted, accounts for half of the sudden unexpected infant deaths that occur in the United States every year and is the leading cause of death among infants one year of age or younger.

     Your Committee further finds that sudden unexpected infant deaths and sudden infant death syndrome are preventable through safe sleep policies that address causes of death that are associated with sudden unexpected infant deaths and sudden infant death syndrome.  However, the State does not regulate the proper sleep positions of infants and toddlers under the care of child care centers or family care homes.

     Your Committee on Human Services suggests that this measure be known as "Wiley's Law" if enacted.

     Your Committee further notes that the Department of Human Services will be conducting a public hearing on February 6, 2017, to hear proposed amendments to administrative rules for registered family child care homes and licensed infant and toddler child care centers.  The proposed amendments seek to improve safety and care by accommodating any changes to best practices and standards of care that may occur related to sleep-related deaths in infants. 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 368 and recommends that it pass Second Reading and be referred to your Committees on Commerce, Consumer Protection, and Health and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Human Services,

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JOSH GREEN, Chair