Big news: We have officially filed our response to the Ohio Department of Developmental Disabilities’ (DODD) motion to dismiss in our lawsuit against the 4-6 month parent replacement mandate.
This lawsuit is not about changing the law—it is about making sure DODD follows the law as it is written. The rule (OAC 5160-44-32) does not say that parents must be repeatedly replaced, yet DODD is trying to force families into a constant cycle of searching for outside caregivers.
Here’s what DODD got wrong in their motion and how we set the record straight.
What DODD Got Wrong (And How We Refuted It)
DODD made several false and misleading claims to justify their unlawful policy. Here’s what they argued and what the actual truth is:
DODD’s Claim: The 4-6 month replacement guidance is just “advisory.”
The Truth: DODD enforces this guidance as a requirement. Emails from DODD prove that they told counties to follow it as a mandate. Families are being forced to search for new caregivers every few months.
DODD’s Claim: The law requires parents to keep searching for a replacement.
The Truth: The law (OAC 5160-44-32) only requires an initial search to see if another provider is available. It never requires --or even mentions-- any ongoing searches once the conditions are met. Once a county determines no other providers exist, that should be the end of the process.
DODD’s Claim: Strangers provide “more stability” than parent caregivers.
The Truth: DODD’s own data shows that 52 percent of non-family caregivers quit every year. Constant turnover does not create stability; it creates chaos. Children with disabilities need consistent, trusted caregivers, not a revolving door of strangers.
DODD’s Claim: Parents are getting paid for “cleaning the house.”
The Truth: The law says parents can only be paid for providing Extraordinary Care, such as complex medical care, supervision, and personal care that goes beyond what a parent would typically do. These are kids with very serious disabilities. “House cleaning” is not covered.
DODD’s Claim: Parents become unemployed if their child goes to the hospital.
The Truth: The law (OAC 5123-9-30) specifically allows caregivers to continue delivering waiver services in hospitals.
DODD’s Claim: Families can just “find quality providers in their communities.”
The Truth: Families have little to no control over provider selection. County boards decide which providers are “willing and able,” even if those providers lack qualifications or are not a good fit.
What Happens Next
Now that we have filed our response, the Ohio Supreme Court will review both sides’ arguments and decide whether our case moves forward.
If the Court denies DODD’s motion to dismiss, that means we will move to the next phase, which could include additional legal arguments or even a ruling in our favor.
We will continue to provide updates as the case progresses.
Why This Matters
This lawsuit is about fairness and stability for children in Ohio who have severe medical and developmental needs. No child should be forced into a revolving door of unfamiliar, unqualified caregivers every few months when they are already receiving excellent care from a willing and able parent.
And let’s be honest: No parent would willingly leave their nonverbal, medically fragile child with someone who showed up to an interview in a hat that says ‘F--- You.’ Yet under DODD’s replacement mandate, families are expected to accept whoever is sent to their home—no matter how unfit they may be.
DODD’s 4-6 month parent replacement policy is not about improving care. Instead, it appears to be an effort to create jobs for workers who are unable to find employment elsewhere—people who should not be entrusted with life-sustaining care for the state’s most vulnerable children.
This is not just bad policy—it is dangerous for children who rely on competent, experienced caregivers to survive.
Stay tuned for updates, and thank you for standing with us in this fight.
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