Columbus, Ohio — A group of Ohio parents have brought a lawsuit against the Ohio Department of Developmental Disabilities (DODD), alleging the agency implemented policy changes concerning parental care providers without adhering to statutory rulemaking procedures. Lindsay Sodano, a resident of Mason and mother of a child with a rare neurodevelopmental disorder, is at the forefront of this legal challenge.
Sodano, who has been a direct caregiver for her daughter Mimi since 2022, is contesting DODD’s requirements surrounding the appointment of parents as paid caregivers under Medicaid waivers. Her role as caregiver is supported by a state provision that allows parents to care for their children if no other qualified providers are available.
The legal complaint, filed in the Ohio Supreme Court earlier this month, underscores the plight of families dealing with the state’s stringent replacement search for care providers, which can take four to six months. This process, according to the lawsuit, not only places undue stress on families but also exposes the systemic inefficiencies in meeting the complex needs of disabled children.
Sodano’s experience underscores a broader issue: a significant shortage of caregivers willing and able to handle severe medical cases like Mimi’s. She stressed that many qualified individuals shy away from such demanding roles, leaving parents as the most sensible and reliable care option.
Together with other Ohio residents Jennifer Dietsch and Theresa Grant, Sodano is pushing for the court to revoke the lengthy provider replacement search mandated by DODD. The lawsuit advocates for the continuation of parental employment in direct care roles, conditional on their meeting the set requirements.
The state code mandates county boards of developmental disabilities to conduct a thorough search for alternative caregivers, during which services by the parent can continue. However, this process has been fraught with challenges. In one notable instance, an applicant listed a dubious business address, which raised concerns about the legitimacy of the candidates being considered.
If a suitable replacement is identified, the transition from parent to professional caregiver is initiated, a prospect Sodano described as daunting. The lawsuit highlights the emotional and logistical turmoil families face during this interim, exacerbated by the fear of losing the right to care for their children directly.
Michela Huth, the attorney representing the affected families, criticized DODD’s bypass of public engagement and transparency in the rulemaking process. Huth argued that this approach not only contravenes Ohio’s legal standards for administrative procedures but also imposes unnecessary hardships on families reliant on stable and informed caregiving frameworks.
The issues raised by this lawsuit cut to the core of a broader societal challenge: balancing regulatory oversight with the pragmatic and emotional needs of families caring for disabled members. As the court deliberates on this matter, the outcomes could set significant precedents for how care is administered and regulated statewide.
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