Parents take legal action against Ohio agency over rule affecting children with disabilities
COLUMBUS, Ohio (WCMH) – Ohio parents have filed a lawsuit against the state Department of Developmental Disabilities, accusing the agency of creating an unlawful rule that has “detrimental effects” on local families.
Lindsey Sodano, Theresa Grant and Jennifer Dietsh – parents of children with developmental disabilities – filed a writ of mandamus last week against the state department with the Ohio Supreme Court. The filing asks the court to halt a rule that repeatedly attempts to replace paid parent caregivers with outside providers.
The Ohio Administrative Code states parents can be paid caregivers of children with developmental disabilities only if there is “no other willing and able provider,” such as a professional caregiver.
In January, the Department of Developmental Disabilities passed a rule mandating that parent caregivers undergo a search to find a provider to replace them every “four to six months.” The lawsuit said the rule not only keeps families in a contact state of upheaval but is unlawful and should be nullified.
“DODD’s mandate is harmful, chaotic, and unjust, but one of the most alarming parts is that it was imposed without following Ohio’s administrative rulemaking process,” Sodano said. “DODD didn’t hold public hearings or allow affected families to provide feedback.”
The lawsuit claims the enforcement of the rule is illegal, since the Ohio Administrative Code does not require new and repeated searches for a new caregiver after the initial search showed one was not available.
Under the department's rule, if a willing and able replacement is not found, the parent is permitted to continue as a caregiver for another four to six months until the process repeats itself. If a parent rejects a replacement the county deems appropriate, they will not be allowed to continue working as the child’s paid provider. If the parent chooses not to engage in the process, they also cannot continue as a caregiver.
“If a disabled teenage girl is not comfortable having her bathing, diapering, dressing, and menstrual care done by a revolving group of unfamiliar men and rejects the agency that employs those men after the county board judges them to be ‘willing and able,’ under the DODD guidance, the teen’s mother cannot be her direct care worker,” the lawsuit states.
The process generally involves the child’s local county board publishing an online job posting to attract applicants to replace the parent. After collecting applications, the county board sends the names and contact information to the child’s parent. The parent and county board are supposed to work together to find a replacement, with the parent typically interviewing the applicant.
The lawsuit claims that applicants suggested by the county are often unqualified and unprofessional. Grant, another parent included in the filing, interviewed an applicant that arrived to the interview wearing a hat that contained profanities and another who was not certified in CPR or first aid.
“Replacing parents – stable, dedicated caregivers with years of on-the-job experience – with unqualified strangers is harmful and indefensible,” Sodano said. “These kids require consistent, skilled and familiar care. Instead, DODD’s reckless policy subjects the children to a revolving door of strangers, with no limits on how many new caregivers can be forced into the home.”
The Ohio Department of Developmental Disabilities said it cannot comment on pending litigation.