Do County Boards Have to Replace Parent Caregivers Every Year?

NO. Despite what some counties are telling families, there is no law or administrative rule that requires parent replacement searches every year. Here’s what happened:

• DODD’s FAQ (not a law or rule): In 2023, DODD told counties in an FAQ that parents must be replaced every 4–6 months. Several families joined together and sued. To get that lawsuit dismissed, DODD changed the FAQ to say “annually.”  Since the lawsuit mentioned the original “4-6 months,” the case became moot when DODD changed the timeframe to “annually.”

  
  

• What DODD admitted in court: In its filing with the Supreme Court of Ohio, DODD admitted that its FAQ is only advisory. It does not use the words shall or must. In fact, the state directly admitted that the FAQ is “aspirational rather than a mandatory obligation.”

  
  

• What the law actually says: DODD admitted in court filings that OAC 5160-44-32 does not set any timeframe for counties to attempt to replace parent caregivers. The rule only requires that before a parent is hired, the county checks if any other willing and able providers are available. Once that condition is “met,” the parent may be hired like any other worker, and there is no artificial expiration date or replacement requirement.

  
  

What this Means for You

Once you have met the conditions to be the care worker, your county cannot legally require you to be replaced every “4–6 months” or “annually” or at any other time. Firing existing providers without cause and replacing them with strangers causes instability and puts children’s safety at risk. Children and adults have the right to free choice of provider under both state and federal law, and counties cannot invent new rules that take that right away.

Take Action: Step-by-Step Instructions

Did your county board say any of the following?

• “Parent replacement searches are required by DODD’s FAQ.”

• “DODD is forcing us to try to replace you.”

• “We have to reassess each year to see if someone else can take over.”

If so, respond in writing to get them on record.

• Send the email template below.

• This creates a paper trail that may be used in court.

• Do not call or discuss it verbally. Use email only.

• CC or BCC yourself so you have a copy of what was sent.

• Wait for their reply. One of two things may happen:

  • Option A: Your County Backs Down: If your county responds and says they won’t require a replacement search anymore since there is no law requiring this, you’re in the clear for now. Save the email for your records, and if you're willing, please forward us a copy at ohioparentpenalty@gmail.com

    
    

  • Option B: Your County Doubles Down: If your county says they checked with DODD (such as Nyoka Craddolph or another staffer) or claims that the DODD FAQ is a mandatory law, even after DODD’s court admissions that it is not, or if your county board admits the online FAQ is not a law but they intend to follow it anyway, you may need to take legal action against your county board (as a whole) and against the individual employees involved (as individuals). Be sure to speak to your personal attorney for legal advice.

Email to Send (fill in all brackets before sending):

Dear [Insert Name],

I am writing to formally object to the annual provider search being imposed on my child [Insert Child’s Name], for the purpose of attempting to replace me as their direct care worker under the [IO / Level 1 / SELF] waiver.

In Sodano v. DODD, filed in the Supreme Court of Ohio, DODD admitted in its Motion to Dismiss that:

• “The FAQ does not use the words ‘shall’ or ‘must’”

• The FAQ’s replacement guidance is “aspirational rather than a mandatory obligation”

• “Adm. Code 5160-44-32(E) does not set a time frame for when a county board of developmental disabilities should reassess whether there are any willing and able providers.”

  
  

Therefore, no law, rule, regulation, or administrative guidance mandates you to initiate a replacement provider search if I have already met the conditions to serve as my child’s caregiver set forth in OAC 5160-44-32. My child and I do not consent to further attempts to replace me without legal basis. There is no expiration date on my direct care worker status under the rule.

I hope [Insert County] will choose to follow the law as written, rather than enforce DODD’s “aspirational” and unlawful advice. Please confirm in writing whether you will follow OAC 5160-44-32 or whether your board intends to proceed with an unlawful parent replacement search anyway. Also, please confirm what will happen if my child refuses to participate in the unlawful provider replacement search, and what my child's due process and appeal rights are to oppose this adverse action.

Sincerely,

[Your Full Name]

[Your Phone Number]

[Your Child’s Full Name]

Attached: Here is DODD’s admission to the Supreme Court of Ohio that its FAQ document is not enforceable and creates no mandatory obligation for county boards. To view the source document for the screenshot below, go to the link and click on the motion filed on 01/23/2025: https://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2024/1724