Supreme Court Dismisses Home Search Case — But Ohio Legislature Demands SSA Training on Privacy and Rights

This week, the Supreme Court of Ohio dismissed our lawsuit asking the Court to protect Medicaid waiver recipients’ rights to home visits “at a time and place convenient for the individual” instead of having to endure unannounced warrantless home inspections. The Court’s ruling did not say whether unannounced home inspections are right or wrong. They simply said this particular kind of legal action wasn't the right path. The families and attorneys disagree. It’s frustrating, especially for families who want clear rules about what the government can and cannot do in our homes.

But here’s the good news: The Ohio Legislature just stepped in.

The Ohio General Assembly added new language to the state budget bill that tells SSAs (Service and Support Administrators) they must complete official training within 30 days of being hired and when they renew their certifications.

What’s in this training? We’ve reviewed it. And it says loud and clear:

• People with developmental disabilities have the same legal, civil, and human rights as everyone else.

• They have the right to privacy, dignity, and respectful treatment.

• SSAs must report unsafe conditions to law enforcement or the MUI unit, not take matters into their own hands by conducting warrantless home searches.

• SSAs must hold meetings where everyone feels comfortable, not surprise families by showing up unannounced and demanding entry.

• People with disabilities have the right to control the type and intensity of their services.

• “Humiliating or derogatory treatment” is never permitted.

• SSAs must “create a supportive environment” and have a “positive attitude.”

• SSAs must “keep arms uncrossed.”

This is the very training we quoted in our lawsuit. Now the state is making it mandatory for all SSAs. That’s a big step forward!

What This Means for Families

Even though the Court dismissed this case, the fight is not over. We are still moving forward with our federal lawsuit, which argues that surprise home inspections violate the Fourth Amendment (freedom from illegal searches), the Fourteenth Amendment (equal protection and due process), and violations of the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).

We will also continue to advocate through community participation and litigation to protect the privacy and dignity of households where people with developmental disabilities live.

And here's something important to remember: No other government program treats people this way. Think about it:

• If a family receives SNAP benefits (food assistance), government workers don’t show up unannounced at dinnertime, take notes on a clipboard, and search the pantry.

• If a senior citizen uses Medicare, government workers don’t show up uninvited at the doctor’s office to sit in and watch the visit.

But for families like ours, just because our loved one has a developmental disability, DODD and some county boards think it’s okay to barge in to homes with no warning and no warrant.

That’s not okay. And we won’t stop until the law makes that clear.

One More Thing:

While this lawsuit was pending, Wood County Board of Developmental Disabilities Superintendent Brent Baer submitted a court filing that included the full home address of a young child with a disability, putting her in danger. This private health information had no place in a public court document, and the family had to take emergency legal action to get it removed. Thankfully, the Supreme Court of Ohio agreed and redacted the child’s home address, but this should never have happened in the first place. This case has made it clear that we need stronger protections, not just from surprise home inspections, but from harmful privacy violations too.