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Ohio Families File Legal Action Against Department of Developmental Disabilities Over Unlawful Guidance Jeopardizing Care for Children with Disabilities

Writer's picture: End Ohio's Parent PenaltyEnd Ohio's Parent Penalty

FOR IMMEDIATE RELEASE

December 16, 2024


[Kings Mills, Ohio] — Today, a coalition of Ohio families filed a legal action in the Supreme Court of Ohio to challenge an unlawful policy issued by the Ohio Department of Developmental Disabilities (DODD) that disrupts caregiving for children with profound disabilities. This mandamus action seeks to end DODD’s enforcement of its four to six month provider replacement search requirement, which was implemented through an agency guidance document without proper public review or legal authority.


The families argue that DODD’s policy, which is not included in the Ohio Administrative Code (OAC) 5160-44-32, violates Ohio law and the procedural requirements for rulemaking under Ohio Revised Code Chapter 119.


“DODD’s guidance is creating chaos for families who already face the enormous challenge of caring for children with profound disabilities,” said Lindsey Sodano of End Ohio’s Parent Penalty. “This policy forces families into a cycle of instability, requiring parents to try to replace themselves as care workers every few months, disrupting consistent care for children, and putting the children’s health and safety at risk.”



Harm to Families

At the heart of the issue is DODD’s requirement for county boards to conduct provider searches every 4-6 months to replace existing parent care workers. Families report being required to interview inappropriate applicants, such as a caregiver who lacked CPR/First Aid certification or a person who arrived to the interview in profanity-laden attire. DODD says if the family rejects these “willing and able providers for whatever reason,” the parent’s eligibility to work as a caregiver will be revoked.


“This is about more than legal violations—it’s about protecting children’s rights to stable, appropriate care,” said Jennifer Dietsch, one of the Relators in the lawsuit. “My child cannot afford to lose the caregiver they trust just because of an arbitrary bureaucratic policy.”


Unlawful Guidance and Lack of Oversight

The lawsuit highlights that DODD’s policy was implemented without following Ohio’s legal requirements for creating rules, including public notice, opportunities for comment, and legislative review. The families argue that DODD has overstepped its authority by adding burdensome and disruptive requirements that were never approved through the proper channels.


“Ohio law is clear: Administrative agencies cannot create new legal obligations without public input and transparency,” said Michela Huth, the legal counsel for the families. “DODD bypassed these safeguards, and now families and children are paying the price.”


What the Families Seek

The lawsuit asks the court to rescind the 4-6 month provider replacement search policy immediately and allow parents who meet the required conditions to continue on as direct care workers.


“An audience of hundreds of county board of developmental disability professionals was caught on tape this year calling the families they serve ‘greedy,’ ‘lazy,’ ‘mental,’ and a host of other slurs,” said Sodano. “This type of disdain for disability families often makes its way into policy. We are asking the Court to protect our children’s rights and to ensure that no other family is subjected to this harmful and unlawful mandate.”


About End Ohio’s Parent Penalty

End Ohio's Parent Penalty is a grassroots advocacy organization dedicated to promoting fair and reasonable family caregiver policies in Ohio. Through the publication of news and public records, as well as coordinated grassroots actions, we work to ensure that family caregivers of Ohioans with disabilities are treated equitably and with dignity. Our mission is to expose harmful policies, hold decision-makers accountable, and fight for reforms that recognize and support the vital role of family caregivers in the lives of Ohio’s most vulnerable residents.


Contact

Lindsey Sodano

End Ohio’s Parent Penalty

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