DRO Files Suit Against Ohio Department of Behavioral Health Over Records Access

October 8, 2025

COLUMBUS, Ohio- Yesterday, Disability Rights Ohio filed a records access lawsuit against the Ohio Department of Behavioral Health (DBH). As Ohio's designated Protection & Advocacy system for people with disabilities, DRO has the legal authority to investigate incidents of abuse and neglect and to monitor facilities for compliance with rights protection and the safety of individuals receiving services there.

DRO is investigating allegations of abuse and neglect at two DBH licensed youth residential treatment facilities where there are reports of prohibited use of medications, sexual assault, and high rates of suicide attempts. DRO is also attempting to investigate a death in a DBH operated regional psychiatric hospital where the person suffocated from a plastic bag over their head.

State and federal law affords DRO timely access to records like state mandated incident reports. For decades, DRO has received copies of the first page of these incident reports from DBH within 24 hours. On August 21st, DBH unexpectedly and without notice stopped providing these incident reports to DRO.

"State operated and state licensed facilities are restrictive, isolated settings where some of the most vulnerable individuals with complex behavioral health conditions find themselves locked in without their consent," said Kerstin Sjoberg, DRO President & CEO. "Our ability to comprehensively monitor and investigate these facilities is critical."

Delays in providing records can have devastating consequences as other evidence of abuse or neglect, particularly videos maintained by facilities, are often erased. Because DRO could not resolve these access issues, it had no choice but to bring legal action in federal court to enforce our timely access to records so we can fulfill our mandates as the protection and advocacy system under federal and state law.