I am the sole 24/7 caregiver of my elderly brother. He is blind and has cerebral palsy .He is an effective quadriplegic with limited use of his upper extremities. He has the mental capacity of an eight month old child. He has a trach and a feeding tube and is mildly restrained under doctors orders. He is a happy person who plays with music toys and stuffed animals. I do not restrain him if I am in the room with him. The State of Alabama refused to place him in a home because of the restraint issue. They also refused to take an application for in home services for the same reason. I filed a federal disability discrimination complaint against the state and although the complaint resulted in a decision that the state would provide 104 hours per week of in home care, we currently receive no service. I also have medical issues that require visits for treatment. I won't leave him home by himself, but I am comfortable leaving him on his stretcher in the van with the motor and climate control running while I am being seen. I wait in the van until the workers come and tell me that it is my turn. I use a high end video baby monitor that has sound and also tells me the temperature in the van . I am never more than thirty seconds away from him or out of range. My question is whether or not I am leaving him unattended technically. Am I at risk for some form of prosecution ?
If the state is under court order to help, then your local agencies are under contempt of court. I would pursue that in order to get some help. Yes, you could be liable. But you shouldn't be in the position where you don't have any other options. You may have to force the court order.
I know resources in Dothan are not great. I know that one nursing home down there has a bad reputation, but people use it because there are no other options for placement without traveling. It sounds like in-home help that was promised is what you need. I hope that you can get it.
I would try to find a lawyer who handles legal issues for the disabled. They can help you to determine how to proceed. It may cost you a little bit but in the long run will be worth it. You need some help and respite. You are doing an awesome job but it will take a toll on you. God bless.
Contact the lawyer that helped with the discrimination suit and have a Contempt of Court filed so that you can get the help you have been awarded. Legal help should be free through an ADA lawyer.
Good Luck and you are a rare and wonderful person.