Disability Rights Ohio, an advocacy group tasked with oversight of disabled across the state, is suing Buckeye Ranch. The case stems from a dispute over how far the agency’s access privileges extend when it comes to investigating misconduct.
In July reports surfaced of Buckeye Ranch staffers improperly restraining a number of the children under their care. Disability Rights Ohio requested video of the incidents and interviews with children at the facility. But Assistant Executive Director Kerstin Sjoberg says the first round of film they received was incomplete, and Buckeye Ranch barred their entry.
“They denied us access, they wouldn’t give us the videos they wouldn’t even allow us to interview the youth involved and ultimately yesterday they said we couldn’t even have our advocate come in the door,” she explains.
In response, the organization sued Buckeye Ranch in federal court.
In an emailed statement, Buckeye Ranch President Nick Rees says they refused requests to interview residents because Disability Rights Ohio hadn’t obtained parental consent. He explained the facility is in charge of protecting its residents' civil and privacy rights.
However federal law grants broad access to such groups, known as Protection and Advocacy Systems, even without a parent or guardian’s permission if there is probable cause of imminent harm. Rees’ statement contends Disability Rights Ohio hasn’t shown cause, but Sjoberg disagrees.
“The information in the written incident reports coupled with the small amount of information we did receive on videos showed that there was a use of inappropriate restraint — that in and of itself is enough for us to have probable cause,” she says.
Sjoberg also notes her organization sued Buckeye Ranch more than a decade ago over similar questions of access. In that case, the judge determined Buckeye Ranch couldn’t deny access to medical documents and the facility’s seclusion and restraint logs going forward.
