AB 465

Under this bill, no person may injure or kill a child under 12 months of age by

cosleeping, while the person is intoxicated, with the child. Under the bill, if the child

suffers bodily harm as a consequence, the person is guilty of a Class H felony, if the

child suffers great bodily harm as a consequence, the person is guilty of a Class F

felony, and if the child dies as a consequence, the person is guilty of a Class D felony.

The bill requires the Child Abuse and Neglect Prevention Board (board) to

purchase, prepare, or arrange with a nonprofit organization to prepare printed and

audiovisual materials relating to cosleeping while intoxicated. The materials must

include information regarding the risks of cosleeping while intoxicated and a

discussion of ways to reduce the risks of cosleeping while intoxicated. The board

must make the materials available to certain entities and may satisfy that

requirement by making the materials available, at no charge, on its Internet site.

Under the bill, the board or nonprofit organization is immune from any damages

resulting from any good faith act or omission in preparing or distributing the

materials.

Before an infant who is born in or en route to a hospital or a maternity home

is discharged, the bill requires an attending physician, attending nurse-midwife, or

other trained, designated staff member to provide to the parents of the infant the

board's printed materials and inform the parents about, and make available to the

parents to view, the board's audiovisual materials. For an infant born elsewhere, the

attending physician, attending nurse-midwife, or other trained, designated staff

member of a hospital or maternity home must provide to the parents the board's

printed materials and inform the parents of the availability of the board's

audiovisual materials within seven days of the infant's birth. Regardless of where

the infant was born, at the same time the materials are provided to the parents the

person who provided the materials must provide the parent with a form, prepared

by the board, that includes a statement that the parent has been advised of the risks

of cosleeping with an infant while that parent is intoxicated and a statement that the

parent will share that information with all persons who provide care for the infant.

Under the bill, a hospital, maternity home, physician, nurse-midwife, other staff

member of the hospital or maternity home, or birth attendant is immune from

liability for any damages resulting from any good faith act or omission in providing

the board's materials and form.

The bill also requires certain individuals and entities to provide the board's

materials to specified individuals. The bill requires each school board to provide or

arrange with a nonprofit organization or health care provider to provide

age-appropriate instruction relating to cosleeping while intoxicated for pupils in one

of grades 10 to 12. A county department or Indian tribe that provides home visitation

services and providers of prenatal, postpartum, and young child care coordination

services must provide to recipients of those services a copy of the board's printed