From the Dayton Daily News — By Sydney Dawes —
Ohio parents who are paid by the state to be caretakers for their disabled loved ones with disabilities must search for a replacement caretaker once a year before they can continue to be paid caregivers, according to an updated state policy.
This update — announced this month by the Ohio Department of Developmental Disabilities — is a shift from requiring parents to engage in a caregiver search every four to six months.
This policy update follows a few Ohio families filing a lawsuit against the ODODD, asking the Ohio Supreme Court to rescind the 4-6 month provider replacement search policy.
An Ohio Developmental Disabilities spokesperson said the agency distributed an updated memo detailing the new guidance this week.
“DODD expects that each (county board of developmental disabilities) would re-engage the provider search process annually, to align with the annual planning requirements,” according to the memo. “During the provider search process, the Board would continue to authorize services to the parent through the completion of the process and would only begin to transition services if a willing and able provider is identified.”
Some Ohio parents involved in the lawsuit, including Mason resident Lindsey Sodano, felt the policy was created without following Ohio law and procedure for rulemaking and disrupted care.
Sodano has been working as her child’s direct caregiver since 2022, and she’s also the leader of the advocacy group End Ohio’s Parent Penalty. Her daughter, Mimi, has a rare neurodevelopmental disorder and receives homemaker care services through a Medicaid waiver.
“This is a huge sigh of relief for families,” said Sodano. “It’s proof that when families stand up and speak the truth, we can force change — even from the most entrenched bureaucracies.”
The state’s highest court this week dismissed the lawsuit against ODODD.
The Ohio Attorney General’s Office argued in its motion to dismiss the case, filed in January, that guidance issued by the ODODD that details the provider search timeframe was “advisory on its face” and not an attempt to create new rules.
State attorneys also argued that Ohio law requires county boards to review the propriety of current providers annually, and possibly more frequently if they feel that it is appropriate.
“While there are benefits to allowing some parents to provide these services, there are also significant costs,” attorneys argued. “Once the local county board finds such a provider or direct care worker, that person or agency may work with the minor child for years and eliminate any need for a further search. Such an arrangement provides for more stability for children with developmental disabilities and their families.”
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