|
|
To enact sections 3701.63, 3701.64, and 5101.135 of | 1 |
the Revised Code to require the Director of Health | 2 |
to establish the Shaken Baby Syndrome Education | 3 |
Program and to require the Department of Job and | 4 |
Family Services to record in the statewide | 5 |
automated child welfare information system whether | 6 |
a reported case of child abuse involved shaken | 7 |
baby syndrome. | 8 |
Section 1. That sections 3701.63, 3701.64, and 5101.135 of | 9 |
the Revised Code be enacted to read as follows: | 10 |
Sec. 3701.63. (A) As used in this section and section 3701.64 | 11 |
of the Revised Code: | 12 |
(1) "Child day-care center," "type A family day-care home," | 13 |
and "certified type B family day-care home" have the same meanings | 14 |
as in section 5104.01 of the Revised Code. | 15 |
(2) "Child care facility" means a child day-care center, a | 16 |
type A family day-care home, or a certified type B family day-care | 17 |
home. | 18 |
(3) "Freestanding birthing center" has the same meaning as in | 19 |
section 3702.51 of the Revised Code. | 20 |
(4) "Hospital" means a hospital classified pursuant to rules | 21 |
adopted under section 3701.07 of the Revised Code as a general | 22 |
hospital or children's hospital. | 23 |
(5) "Maternity unit" means any unit or place in a hospital | 24 |
where women are regularly received and provided care during all or | 25 |
part of the maternity cycle, except that "maternity unit" does not | 26 |
include an emergency department or similar place dedicated to | 27 |
providing emergency health care. | 28 |
(6) "Parent" means either parent, unless the parents are | 29 |
separated or divorced or their marriage has been dissolved or | 30 |
annulled, in which case "parent" means the parent who is the | 31 |
residential parent and legal custodian of the child. "Parent" also | 32 |
means a prospective adoptive parent with whom a child is placed. | 33 |
(7) "Shaken baby syndrome" means damage to the brain of an | 34 |
infant or young child, including, but not limited to, swelling | 35 |
that impedes the supply of oxygen to the brain or any degree of | 36 |
brain damage that results from the infant or young child having | 37 |
been forcefully shaken. | 38 |
(B) The director of health shall establish the shaken baby | 39 |
syndrome education program by doing all of the following: | 40 |
(1) By not later than one year after the effective date of | 41 |
this section, with the advice of the work group appointed under | 42 |
division (D) of this section, developing educational materials | 43 |
that present readily comprehendible information on shaken baby | 44 |
syndrome; | 45 |
(2) Making available on the department of health web site in | 46 |
an easily accessible format the educational materials developed | 47 |
under division (B)(1) of this section; | 48 |
(3) Beginning in 2009, annually assessing the effectiveness | 49 |
of the shaken baby syndrome education program by evaluating the | 50 |
reports received pursuant to section 5101.135 of the Revised Code. | 51 |
(C) In meeting the requirements under division (B) of this | 52 |
section, the director shall not develop educational materials that | 53 |
will impose an administrative or financial burden on any of the | 54 |
entities or persons listed in section 3701.64 of the Revised Code. | 55 |
(D) The director of health shall appoint and convene a work | 56 |
group to advise the director on the shaken baby syndrome | 57 |
educational materials the director is required to develop under | 58 |
division (B) of this section. The work group shall include at | 59 |
least one representative of each of the following: | 60 |
(1) Child abuse prevention advocates; | 61 |
(2) The staff of the "help me grow" program established | 62 |
pursuant to section 3701.61 of the Revised Code; | 63 |
(3) Experts in the field of infant care, particularly in the | 64 |
area of infant calming methods; | 65 |
(4) Maternity unit directors; | 66 |
(5) Parenting skills educators; | 67 |
(6) Child care facilities. | 68 |
The work group may also include, at the director's | 69 |
discretion, representatives of other professions whose members | 70 |
have practical experience regarding shaken baby syndrome and | 71 |
representatives of citizens' organizations whose members are | 72 |
knowledgeable about shaken baby syndrome. | 73 |
Sec. 3701.64. (A) A copy of the shaken baby syndrome | 74 |
educational materials developed under section 3701.63 of the | 75 |
Revised Code shall be distributed in the following manner: | 76 |
(1) By child birth educators and the staff of pediatric | 77 |
physicians' offices and obstetricians offices, to an expectant | 78 |
parent who uses their services; | 79 |
(2) By the hospital or freestanding birthing center in which | 80 |
a child is born, to the child's parent before the child is | 81 |
discharged from the facility; | 82 |
(3) By the staff of the "help me grow" program established | 83 |
pursuant to section 3701.61 of the Revised Code, to the child's | 84 |
parent during home-visiting services conducted in accordance with | 85 |
that section; | 86 |
(4) By each child care facility operating in this state, to | 87 |
each of its employees. | 88 |
(B) Each entity and person required to distribute educational | 89 |
materials pursuant to division (A) of this section is immune from | 90 |
any civil and criminal liability for injury, death, or loss to | 91 |
person or property resulting from the dissemination of, or failure | 92 |
to disseminate, those educational materials. | 93 |
Sec. 5101.135. (A) A public children services employee who | 94 |
is entering a report of an investigation of child abuse in the | 95 |
statewide automated child welfare information system, as required | 96 |
by section 5101.13 of the Revised Code, shall make a notation on | 97 |
each case of child abuse that indicates whether the child abuse | 98 |
arose from an act that caused the child to suffer from, or | 99 |
resulted in the child suffering from, shaken baby syndrome. | 100 |
(B) Beginning March 1, 2009, and each first day of March | 101 |
thereafter, the department of job and family services shall report | 102 |
to the director of health the number of reports of child abuse | 103 |
that arose from an act that caused the child to suffer from, or | 104 |
resulted in the child suffering from, shaken baby syndrome and | 105 |
that arose during the calendar year immediately preceding the | 106 |
calendar year in which the report is made, as determined by an | 107 |
examination of the statewide automated child welfare information | 108 |
system established and maintained under section 5101.13 of the | 109 |
Revised Code. | 110 |
(C) As used in this section, "shaken baby syndrome" has the | 111 |
same meaning as in section 3701.63 of the Revised Code. | 112 |