Bill Summary – FastDemocracy

LB581                                                                                LB581
                                                                                2023
                                LEGISLATURE OF NEBRASKA
                             ONE HUNDRED EIGHTH LEGISLATURE
                                     FIRST SESSION
                        LEGISLATIVE BILL 581
        Introduced by Cavanaugh, M., 6.
        Read first time January 17, 2023
        Committee: Judiciary
    A BILL FOR AN ACT relating to public health; to require the Office of
        Juvenile Services and the Department of Correctional Services to
       create pilot programs for doula services as   prescribed;   and to
       define terms.
   Be it enacted by the people of the State of Nebraska,
                                              -1-
LB581                                                                                                LB581
                                                                                                2023
       Section 1.       (1) The Office of Juvenile Services shall create a pilot
   program for doula services at the Youth Rehabilitation and Treatment
   Center-Geneva as provided in this section.
       (2) For purposes of this section:
       (a) Committed juvenile means a juvenile committed by court order to
   the care and custody of the Office of Juvenile Services for treatment at
   a youth rehabilitation and treatment center;
        (b) Doula means a trained professional labor assistant who provides
   educational,      physical,      and emotional support to   pregnant individuals
   during pregnancy, childbirth, and postpartum for up to one year. Services
   a doula may provide include, but are not limited to:
       (i) Education on pregnancy, birthing, and physical health;
       (ii) Emotional support;
       (iii) Attendance at prenatal visits;
       (iv) Support during labor and delivery; and
       (v) Providing postpartum educational resources;
       (c) Labor means any period of time before a birth during which
   contractions are of sufficient frequency, intensity, and duration to
   bring about effacement and progressive dilation of the cervix; and
       (d)       Postpartum means the period immediately following delivery,
   including the entire period a woman is in the hospital or infirmary after
   birth.
        (3)(a) A committed juvenile who is pregnant shall be permitted to
   have access to doula services of her choice, by a trained or certified
   doula, to educate and support the juvenile throughout the pregnancy and
   through labor and delivery and postpartum. The doula shall be allowed to
   accompany the juvenile to the delivery room and remain present during
   labor and recovery.     The doula shall not be    (i)    required to   have
   previously visited the juvenile or (ii) denied eligibility to serve as a
   doula solely on the basis of a prior criminal conviction or that the
    doula is    currently on   pretrial release,    probation,       parole,   or post-
                                                       -2-
LB581                                                                                       LB581
                                                                                       2023
    release supervision.
        (b) If a committed juvenile's request for a doula is denied, such
    denial shall be provided in writing within five calendar days after
    receipt of the request by staff at the youth rehabilitation and treatment
    center and shall include a statement of the reasons for the denial.
        (c)   The doula shall be   notified immediately after    a committed
    juvenile goes into labor or immediately after a caesarean section or
    termination is scheduled. Doulas working with a committed juvenile may
    assist during labor and delivery when allowed by policies of the birthing
    facility or hospital where the juvenile gives birth.
        (d) A committed juvenile shall receive written notice in a language
    and manner understandable to such juvenile regarding the requirements of
    this section upon admission to the youth rehabilitation and treatment
    center. A second notice shall be given to a juvenile at the time such
    juvenile is known to be pregnant. The Office of Juvenile Services shall
    publish notice of the requirements of this section in prominent locations
    where medical care is provided for committed juveniles.
        Sec. 2.     (1) The Department of Correctional Services shall create a
    pilot program for doula services at the Nebraska Correctional Center for
    Women as provided in this section.
        (2) For purposes of this section:
        (a) Doula means a trained professional labor assistant who provides
    educational,    physical,   and emotional support to   pregnant individuals
    during pregnancy, childbirth, and postpartum for up to one year. Services
    a doula may provide include, but are not limited to:
        (i) Education on pregnancy, birthing, and physical health;
        (ii) Emotional support;
        (iii) Attendance at prenatal visits;
        (iv) Support during labor and delivery; and
        (v) Providing postpartum educational resources;
        (b) Labor means any period of time before a birth during which
                                                -3-
LB581                                                                                      LB581
                                                                                      2023
   contractions are of sufficient frequency, intensity, and duration to
   bring about effacement and progressive dilation of the cervix; and
       (c)     Postpartum means the period immediately following delivery,
    including the entire period a woman is in the hospital or infirmary after
    birth.
        (3)(a) A prisoner who is pregnant shall be permitted to have access
    to doula services of the prisoner's choice, by a trained or certified
    doula, to educate and support the prisoner throughout the pregnancy and
    through labor and delivery and postpartum. The doula shall be allowed to
   accompany the prisoner to the delivery room and remain present during
   labor and recovery. The doula shall not be (i) required to have visited
   the prisoner previously, or (ii) denied eligibility to serve as a doula
    solely on the basis of a prior criminal conviction or that the doula is
    currently on    pretrial release,   probation,     parole,   or post-release
    supervision.
        (b) If a prisoner's request for a doula is denied, such denial shall
    be provided in writing within five calendar days after the correctional
    facility's receipt of the request and shall include a statement of the
    reasons for the denial.
       (c) The doula shall be notified immediately after a prisoner goes
    into labor or immediately after a caesarean section or termination is
    scheduled. Doulas working with a prisoner may assist during labor and
    delivery when allowed by policies of the birthing facility or hospital
    where the prisoner gives birth.
       (d) A prisoner shall receive written notice in a language and manner
    understandable to    such prisoner regarding the requirements of   this
   section upon admission to the correctional facility. A second notice
    shall be given to a prisoner at the time such prisoner is known to be
   pregnant.    The facility administrator shall publish notice of    the
   requirements of this section in prominent locations where medical care is
   provided.
                                                 -4-