Miles Apart In Blood Testing.
Jeff
4 Comments
Under what circumstances can the parents of a young T1 child expect another entity to provide blood testing services for that child?
That’s the question at the heart of a story from Austin, Texas, involving Miles MacLaughlin, a four year old boy with Type 1 diabetes, and the non-profit Southwest Family Branch of the YMCA.
The youngster was accepted last year into the YMCA’s Mother’s Day Out program, which is described as an informal “baby-sitting service” that provides supervised activities for kids several times a week. Apparently, when the MacLaughlins began using the program, they understood that the service did not involve caring for their child’s condition by testing his blood sugar and administering his insulin.
Miles’ parents are now saying that the YMCA should provide blood sugar monitoring services for their son while he is at the facility because his condition meets the description of a “disability” as defined by the Americans with Disabilities Act. The YMCA says that it does not have the expertise in such areas, and that training a staffer to perform testing on the boy would not be feasible because its workers volunteer their time on a rotating basis.
YMCA attorney James Ruiz also maintains that diabetes is not a disability.
The YMCA understands that it has obligations under Title III (you GDAT!! readers know all about Title III) of the Americans with Disabilities Act to provide equal access for people using their goods, services, and facilities that are available to the public. In the past, it has made accommodations for people with disabilities.
What say you about this fine little nugget? Here’a a video report on the story from the local TV station. Where do you draw the line between accommodating people with medical conditions, and actually providing medical services for them? Do you think the boy’s parents are right to expect the YMCA to monitor his blood sugar during the hours he spends at their Mother’s Day Out program? Or is the YMCA meeting its obligations by accepting the boy into its program but not accepting responsibility for his medical needs during that time?
Reader Comments (4)
I went to the ADA site and found:
COMMONLY ASKED QUESTIONS ABOUT CHILD CARE CENTERS AND THE AMERICANS WITH DISABILITIES ACT
The link is: http://www.ada.gov/childq%26a.htm
#20 is -
20. Q: What about children with diabetes? Do we have to admit them to our program? If we do, do we have to test their blood sugar levels?
A: Generally, yes. Children with diabetes can usually be integrated into a child care program without fundamentally altering it, so they should not be excluded from the program on the basis of their diabetes. Providers should obtain written authorization from the child's parents or guardians and physician and follow their directions for simple diabetes-related care. In most instances, they will authorize the provider to monitor the child's blood sugar -- or "blood glucose" -- levels before lunch and whenever the child appears to be having certain easy-to-recognize symptoms of a low blood sugar incident. While the process may seem uncomfortable or even frightening to those unfamiliar with it, monitoring a child's blood sugar is easy to do with minimal training and takes only a minute or two. Once the caregiver has the blood sugar level, he or she must take whatever simple actions have been recommended by the child's parents or guardians and doctor, such as giving the child some fruit juice if the child's blood sugar level is low. The child's parents or guardians are responsible for providing all appropriate testing equipment, training, and special food necessary for the child.
Thanks, Colleen, That's right on target.
The ADA FAQ also states: Q: Which child care centers are covered by title III?
A: Almost all child care providers, regardless of size or number of employees, must comply with title III of the ADA......The exception is child care centers that are actually run by religious entities such as churches, mosques, or synagogues. Activities controlled by religious organizations are not covered by title III.
One would have to ask, why the exception? It would certainly be reasonable to give an exception if compliance with Title III would violate some tenet of the religion but I can't see a reason for a blanket exception. This could possibly allow the YMCA to claim an exception as the YMCA Mission statement is "to put Christian principles into practice through programs that build healthy spirit, mind and body for all" and it is certainly a Christian organization, possibly a "religious entity".
Title III provides for equal accommodations for persons with disabilities in the areas of employment, state and local government services, public accommodations, transportation, and telecommunications, to the vast majority of public and private entities and organizations, exempting only private clubs and religious organizations. There is no question this young child with T1 is entitled to equal accommodations to the YMCA facility, and the YMCA in this case is indeed providing that. The question is whether the YMCA is responsible for testing this child’s blood glucose levels and determining what to administer to the child, whether it is juice or insulin. After reviewing ADA laws, it seems clear to me that the YMCA would not be responsible for monitoring this child’s diabetes. It is under IDEA laws that a child with diabetes would be entitled while in school to any services, medical or otherwise, necessary to ensure he/she benefits from an appropriate education.
Colleen’s post discussed the general responsibilities of child care centers, and while the answer to the stated question indicates that children with diabetes can be accommodated with testing and the necessary dietary and/or insulin requirements, it seems evident that the reply refers to child care centers staffed by fully trained and paid employees, not a rotation of volunteers. I think most people would agree that a YMCA facility does not fall under the category of “child care center.”
Now, speaking strictly as a mother, I can’t imagine leaving my child in a situation where his medical care might be compromised! YMCA Mother’s Day Out? My child’s health and safety would have to take precedence. How many of you parents of a T1 child would be comfortable with a rotating group of volunteers, “training” notwithstanding, testing your child and adjusting his or her insulin pump? The YMCA stated honestly at the outset that they and their volunteers were not equipped to assist a T1 child medically. At that point I would have had to walk out and look for a more suitable place where, to quote Ms. MacLaughlin, “I just want him to be a kid.”