The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
(127th General Assembly)
(Amended Senate Bill Number 144)
To enact sections 3701.63, 3701.64, and 5101.135 of
the Revised Code to require the Director of Health
to establish the Shaken Baby Syndrome Education
Program and to require the Department of Job and
Family Services to record in the statewide
automated child welfare information system whether
a reported case of child abuse involved shaken
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 3701.63, 3701.64, and 5101.135 of
the Revised Code be enacted to read as follows:
Sec. 3701.63. (A) As used in this section and section 3701.64
of the Revised Code:
(1) "Child day-care center," "type A family day-care home,"
and "certified type B family day-care home" have the same meanings
as in section 5104.01 of the Revised Code.
(2) "Child care facility" means a child day-care center, a
type A family day-care home, or a certified type B family day-care
(3) "Freestanding birthing center" has the same meaning as in
section 3702.51 of the Revised Code.
(4) "Hospital" means a hospital classified pursuant to rules
adopted under section 3701.07 of the Revised Code as a general
hospital or children's hospital.
(5) "Maternity unit" means any unit or place in a hospital
where women are regularly received and provided care during all or
part of the maternity cycle, except that "maternity unit" does not
include an emergency department or similar place dedicated to
providing emergency health care.
(6) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian of the child. "Parent" also
means a prospective adoptive parent with whom a child is placed.
(7) "Shaken Baby Syndrome" means signs and symptoms,
including, but not limited to, retinal hemorrhages in one or both
eyes, subdural hematoma, or brain swelling, resulting from the
violent shaking or the shaking and impacting of the head of an
infant or small child.
(B) The director of health shall establish the shaken baby
syndrome education program by doing all of the following:
(1) By not later than one year after the effective date of
this section, with the advice of the work group appointed under
division (D) of this section, developing educational materials
that present readily comprehendible information on shaken baby
(2) Making available on the department of health web site in
an easily accessible format the educational materials developed
under division (B)(1) of this section;
(3) Beginning in 2009, annually assessing the effectiveness
of the shaken baby syndrome education program by evaluating the
reports received pursuant to section 5101.135 of the Revised Code.
(C) In meeting the requirements under division (B) of this
section, the director shall not develop educational materials that
will impose an administrative or financial burden on any of the
entities or persons listed in section 3701.64 of the Revised Code.
(D) The director of health shall appoint and convene a work
group to advise the director on the shaken baby syndrome
educational materials the director is required to develop under
division (B) of this section. The work group shall include at
least one representative of each of the following:
(1) Child abuse prevention advocates;
(2) The staff of the "help me grow" program established
pursuant to section 3701.61 of the Revised Code;
(3) Experts in the field of infant care, particularly in the
area of infant calming methods;
(4) Maternity unit directors;
(5) Parenting skills educators;
(6) Child care facilities.
The work group may also include, at the director's
discretion, representatives of other professions whose members
have practical experience regarding shaken baby syndrome and
representatives of citizens' organizations whose members are
knowledgeable about shaken baby syndrome.
Sec. 3701.64. (A) A copy of the shaken baby syndrome
educational materials developed under section 3701.63 of the
Revised Code shall be distributed in the following manner:
(1) By child birth educators and the staff of pediatric
physicians' offices and obstetricians offices, to an expectant
parent who uses their services;
(2) By the hospital or freestanding birthing center in which
a child is born, to the child's parent before the child is
discharged from the facility;
(3) By the staff of the "help me grow" program established
pursuant to section 3701.61 of the Revised Code, to the child's
parent during home-visiting services conducted in accordance with
(4) By each child care facility operating in this state, to
each of its employees.
(B) Each entity and person required to distribute educational
materials pursuant to division (A) of this section is immune from
any civil and criminal liability for injury, death, or loss to
person or property resulting from the dissemination of, or failure
to disseminate, those educational materials.
Sec. 5101.135. (A) A public children services employee who
is entering a report of an investigation of child abuse in the
statewide automated child welfare information system, as required
by section 5101.13 of the Revised Code, shall make a notation on
each case of child abuse that indicates whether the child abuse
arose from an act that caused the child to suffer from, or
resulted in the child suffering from, shaken baby syndrome.
(B) Beginning March 1, 2009, and each first day of March
thereafter, the department of job and family services shall report
to the director of health the number of reports of child abuse
that arose from an act that caused the child to suffer from, or
resulted in the child suffering from, shaken baby syndrome and
that arose during the calendar year immediately preceding the
calendar year in which the report is made, as determined by an
examination of the statewide automated child welfare information
system established and maintained under section 5101.13 of the
(C) As used in this section, "shaken baby syndrome" has the
same meaning as in section 3701.63 of the Revised Code.