Am. S. B. No. 144 As Reported by the Senate Health, Human Services and Aging Committee

As Reported by the Senate Health, Human Services and Aging Committee

127th General Assembly

Regular Session

2007-2008

Am. S. B. No. 144

Senator Stivers

Cosponsors: Senators Goodman, Miller, D., Schuler, Gardner, Schuring, Padgett, Morano

A BILL

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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

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

(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

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