COLUMBUS, Ohio (Legal Newsline) – A nonprofit, private mental health agency in Ohio alleges a nonprofit protection and advocacy system in the state is asking for records without authority.
The Buckeye Ranch Inc. filed a complaint on Aug. 21 in the U.S. District Court for the Southern District of Ohio, Eastern Division against Disability Rights Ohio (DRO) seeking declaratory relief
According to the complaint, the plaintiff self-reported several incidents involving physical restraints of minor children in its care to the State of Ohio but independent investigation found no substantiation of abuse or neglect.
Despite these conclusions, the plaintiff alleges the defendant has begun a campaign to obtain records and interviews with the affected children without the consent of the minors' parents or legal guardians.
"It is not its intent here to hid from any responsibility or obligation," the suit states. "Rather, this action seeks clarification from the court as to the boundaries of the access DRO has to the records of The Buckeye Ranch and the children in its care and their families so that the constitutional rights and privacy interests of the children and their families remain protected."
The plaintiff holds Disability Rights Ohio responsible because the defendant allegedly does not have the authority to request records and access to its residents because of a failure to show any legal representation and failed to ensure that the parents of minors or guardians of individuals in the care of The Buckeye Ranch are informed that it will be monitoring the facility and may in the course of such monitoring have access to such minor.
The plaintiff seeks temporary, preliminary and permanent injunction prohibiting the DRO from access to the defendant's records; compensatory and punitive damages; attorney fees; costs; and any other relief that the court deems appropriate. They are represented by Maribeth Meluch of Isaac Wiles Burkholder & Teetor LLC in Columbus, Ohio.
U.S. District Court for the Southern District of Ohio, Eastern Division Case number 2:18-cv-00906-EAS-CMV