We want to take your child BUT…access still denied

I was hoping, beyond hope, that the answer the T1D mom received from the facility about her Type 1 diabetic child being denied access to their care program was “Oops, our new, untrained staff made a mistake-Bring your child tomorrow!”

I am sad to report-that was not the answer. The answer was ( I paraphrase) “we want to take your child, and we will work to move that along as best we can.” More of ‘we have to follow regulations from the Office of Child and Family Services.’ How long can ‘as best we can’ take? As long as they want it to take–long enough perhaps for these parents to give up and move elsewhere. Is that this facilities diabolical plan?

Yes, there are regulations and YES they should be followed but I don’t know what regulations this place is following–but here are the  regulations from the Office of Children and Family services regarding a facility being trained to administer medications to a child:

From section 06-3: Compliance Issues as they relate to the American’s With Disabilities Act. 

Administration of Medications
The ADA may require that a day care program give medications to children with
disabilities, in some circumstances, in order to make reasonable accommodations to
enable such children be able to attend the program. The practical ramification of the
ADA in New York State is that day care providers should be prepared to obtain, in a
timely fashion, the required training in order to administer at least certain basic types of medications if required by children with disabilities where such administration will enable the child to attend the day care program. The provider must enroll children within the same time frame the provider would enroll children without a disability. 

A provider also may not advise a parent that the provider must wait to enroll a child with a disability simply because the provider has not completed the process to be authorized to administer medications. The provider must enroll a child with a disability as soon as a place for the child is open. This may force a provider to accept a child with a disability into the program without being legally able to administer the child’s medication under New York State law. If this situation occurs, the provider and the parent or guardian must meet and put together a written plan of how the child’s medication will be provided while the provider becomes authorized to administer medications.

So this facility is hiding behind ‘regulations’ in order to disqualify this child from attending–the fact is the child self manages-self injects their insulin, does their own glucose checks, AND the parents have a plan in place for emergencies until the staff is trained. There is no regulation that prohibits this child from attending-RIGHT NOW!

What’s a Mom to do? Makes her think–if I fight this, get my child in the program–will they treat my child differently? Will the experience of the program for the child be tainted because Mom made a fuss to get the child in?

Good questions, valid questions. Questions I wish we never have to face as parents.

At diagnosis, as I learned to become a doctor, nurse, nutritionist, mathematician, life coach, and cheerleader to my son–it never crossed my mind that I would have to be a lawyer too. But sadly, in some situations that is exactly what I needed to be. During those times, I was often given advice to just give up, move my son to someplace else, and “you can’t fight city hall.” I don’t believe that is true. I believe in educating, raising awareness, standing your ground when you need to—so that people with diabetes-all types- are accepted and able to care for their disease in any setting.

EVERYDAY-80 Americans are diagnosed with Type 1 diabetes. None of them should EVER hear…ACCESS DENIED.

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