To qualify as severely impaired an individual must need twenty or more hours per week in the area of non-medical personal services, meal preparation, meal clean up when the preparation of meals and feeding is required, and paramedical services (MPP 30-701(s)(1)). If you lock your account, you won't be able to log in again. IHSS AssessmentIHSS AppealRehearing RequestState Court ReviewOther, Please attach any documentation (e.g. Mental impairments also cause unsafe behavior; not required to show mental is only cause. For example, an applicants behavioral aide could write a letter describing the aides observations of the applicant engaging in dangerous behaviors in school, such as eloping from the classroom. The live-in provider form can be found here. You can seek court review of the administrative law judges decision by filing a writ petition (also known as a writ of administrative mandate) against the California Department of Social Services (CDSS) in Superior Court. Severe mental impairments not observed on home visit. Its a summary of your childs abilities and the challenges associated with his disability. P.O. It can be challenging to secure protective supervision. The social worker assesses the applicants physical and mental functioning, living situation, and ability to perform activities of daily living. Your employer or the In-Home Supportive Services (IHSS) program may help you get personal assistance services at work. To defend the countys position, a county hearing representative will attend the hearing, often accompanied by a county social worker. It is very common to be denied for In-Home Supportive Services (IHSS) the first time around, but many families succeed after appealing by requesting a state hearing. For example, the social worker should inquire about the applicants dangerous behaviors. The best way to show eligibility (i.e. MAKE CONTACT The easiest way to apply in Los Angeles County is to call 888-944-IHSS (4477) or 213-744-4477 with the child's social security number ready to apply. The 24-hour-a-day requirement means that the dangerous behaviors are frequent and unpredictable so that constant oversight is necessary. What is protective supervision? However, the definition of nonself-directing already includes the requirement that the individual will most likely engage in potentially dangerous activities. The letter should state how the witness knows the applicant and it should describe first-hand observations regarding the applicants mental functioning and/or dangerous behaviors. when the recipient does things which are unsafe, the individual is verbally redirected and the behavior is stopped). An IHSS caregiver, known as a provider, monitors the recipient's behavior and intervenes to prevent harm from injuries, hazards, or accidents. Counties have many common reasons for telling someone they are not eligible for protective supervision. Relevant issues to consider include, but are not limited to: how frequently the child attempts dangerous behaviors compared to a neurotypical child, whether the types of dangerous behaviors are similar to those of a neurotypical child, and how closely the parent needs to supervise the child. Although applicants can successfully secure protective supervision on their own, many applicants are denied protective supervision due to a lack of proper documentation and understanding of the eligibility requirements. Protective supervision is a program under In-Home Supportive Services ("IHSS") that provides support to California residents with a mental impairment or illness so they can live safely at home. Biggest problem: Counties use flimsy excuses to deny many people the service when they should get it. Any purposeful action that is dangerous, e.g., pulling out catheter, G-tube, etc. You'll need to have the Assessment of Need of Protective Supervision form (SOC 821) appropriately filled out by a licensed medical professional. Los Angeles, CA 90035, Identify your relationship to the applicant: The applicants mental functioning is evaluated by considering the extent to which the applicants cognitive and emotional impairments impact activities of daily living, and by considering the applicants memory, orientation, and judgment on a three-point scale (Ranks 1, 2, and 5). A. You may use the form at the end of this publication to obtain the information described above from the recipients doctor. The IEP outlines that your child is eligible for special education and related services to benefit from the general education program. It can be found on the internet at http://www.cdss.ca.gov/cdssweb/entres/forms/English/soc825.pdf. The county must also talk with the childs parent or guardian about the availability and eligibility for protective supervision and not assume the parents or guardian can provide the services for free. Once you have all the above completed, call your social worker and tell him or her that you are applying for IHSS Protective Supervision as a provider. PO Box 944243, MS 21-36 How to Secure Protective Supervision - A Complete Guide, Cmo Obtener IHSS Protective Supervision - Una Gua Completa, Copyright 2021 IHSS Law Office of James Diskint. You currently get 80 hours of IHSS for use at your home. The doctor must have some knowledge of the individuals behaviors and physical and mental ability to put himself or herself in dangerous situations to be able to properly complete the form in this packet or to provide a letter with useful information about how a recipients impairments prevent the individual from being left alone. This is a valuable opportunity to support your case for protective supervision, because social workers dont always have the opportunity to observe the applicants dangerous behaviors during the short home visit, an unfortunate circumstance which can lead to a denial. Note: You can request to transfer IHSS hours to the workplace but you cannot request additional hours specifically for use at the workplace. Services that can be performed in the workplace include meal preparation and cleanup, personal care services (except routine bed baths), and paramedical services. Remember, Protective Supervision involves a 24 hr/7 . There are three criteria that determine if you are eligible to be your childs IHSS live-in provider. Once your child is awarded hours, and if you live in the same household, you could be eligible to become your child's IHSS Provider. As previously explained, in addition to the trio of requirements noted above, a minor must also need more supervision than a neurotypical child of the same age in order to qualify for protective supervision. How do I appeal the countys denial of Protective Supervision? Your child will be at risk of out-of-home placement or inadequate care if they dont receive the awarded IHSS services. All Rights Reserved. County staff must assess all childrens mental functioning on an individualized basis and provide protective supervision based on individualized need. Provides protective supervision for people (including children) with cognitive impairments Administered by each County under the direction of the California Department of Social Services (CDSS) Alternative to out-of-home placement Who Is Eligible for IHSS? Below is a list of common county justifications and some possible responses. No other suitable care provider is available (willing and able). As a result, this particular dangerous behavior might not qualify for protective supervision, because it likely does not require 24-hour-a day oversight. However, the child must need closer supervision than other children of the same age. You should make sure to keep a copy of all of the documentation you gather to show eligibility for protective supervision services. An applicant is never required to suffer an actual injury in order to be eligible for protective supervision. 2 Impairments must cause the person to experience confusion Copyright 2023World Institute on Disability, Technology 2002-2023Eightfold Way Consultants. You may be eligible to receive benefits such as In-Home Supportive Services (IHSS) in the state of California. ), Orientation (e.g. A Parent Provideris a parent that is paid to provide the in-home care services that their child was granted through the IHSS program. Once your child is awarded IHSS hours, you will need to complete the following four steps to become a parent provider. According to All County Letter 15-45, the parent who works full-time is not considered to be a suitable provider if theyre only available to care for the child during non-work hours, such as nights, weekends, and holidays. Abuse of discretion means that the administrative law judge did not proceed in a manner required by law, the decision was not supported by the findings, or the findings were not supported by the evidence. Who Can Get Protective Supervision? Note: Parent-provider income is tax-exempt per IRS Notice 2014-7. When an applicant deliberately intends to harm him/herself. I am interested in your help with: Contact PASC at (877) 565-4477 or visit their website. It is intended to help individuals understand their rights and responsibilities in the In-Home Supportive Services (IHSS) program. To apply for Protective Supervision, first complete the Application for In-Home Supportive Services, also known as SOC 295. After opening statements, the administrative law judge will then likely hear testimony from all relevant witnesses. No, a parent, who is employed full-time, is not considered a suitable provider if he/she is only available during non-work hours, weekends, and holidays. Does the individual have a mental impairment or cognitive impairment as a result of their disability? A nonself-directing child usually requires considerably more intervention from a provider than a neurotypical child. Formal diagnosis of mental condition doesn't prove need. Keep a log to describe all the potential accidents that would happen if your child were not supervised. IHSS hours cannot be used for assistance with college courses or vocational training. But thats just for a single parent household. The parent provider can only be paid for services that are performed when the non-provider parent is at work/school, or has a disability. Member events and office hours with real answers, plus access to our private parents' group. making decisions which put the individuals health and/or safety at risk). The county must also determine that the recipient needs to be observed 24 hours a day in order for the recipient to safely remain at home. Once your child is awarded hours, and if you live in the same household, you could be eligible to become your childs IHSS Provider. Assistance with travel. Some examples of these types of behaviors include: leaving lit cigarettes throughout the home, using a SOS pad to bathe and clean himself or herself, wandering out of the house and getting lost, letting strangers in, turning the stove on and forgetting to turn it off, lighting small fires around the home, leaving water running, eating dangerous products or unhealthy foods, headbanging, self-biting and scratching, using knives or other unsafe household objects, climbing onto a high place and jumping off because he or she is trying to fly, hiding in the refrigerator, sticking fingers in light bulb socket to see if electricity works, wandering into the street without regard for oncoming traffic, jumping into a swimming pool without knowing how to swim, trying to move furniture when the individual lacks needed balance and strength, trying to get out of bed when the individual lacks needed ability to use or control muscles, performing any task beyond the individuals mental or physical ability that would cause injury or harm to the recipient. If this process sounds daunting and you need help, you can always reach out to us. Assessment of children when custodial care is performed by the natural or adoptive parent versus a legal guardian. To guard against deliberate (i.e. If you cannot identify any dangerous behaviors the recipient has or things the recipient will do that will cause injury or make the recipient unsafe when left alone, it is likely your request for protective supervision will be denied. You can provide the recipients doctor with a copy of your hazard/injury log in order to share information with the doctor about dangerous behaviors a recipient has that prevents the person from being left alone at any time during a twenty-four hour day. An appeal means that an administrative law judge will review your case at a hearing, unless the county offers you a conditional withdrawal in order to reassess the applicant. forgetting things, people, places, to start or finish a task, etc. Get supporting statements from anyone who looks after your child as well. In some cases, the county misinterprets the law or facts. What happens at the hearing for Protective Supervision? IHSS SOC 821 Protective Supervision Form: Print this form and take it, along with the dangerous behavior log, to the doctor who treats your child. Requirements For Becoming a Parent Provider Assessment of Need for Protective Supervision, Application for In-Home Supportive Services. Your ability to provide convincing documentation may very well make or break your case for protective supervision. Your hearing for protective supervision will either be in person or over the phone. For example, a county social worker might say that the applicant is too young to receive protective supervision, even though there is no minimum age requirement. Because the child has not had a recent injury. There are three possible outcomes of your writ petition: CDSS will pay for your attorneys fees if you succeed in setting aside the administrative law judges decision. For additional resources, go to IHSS Recipient/Consumer Resources. Also, because school is expressly identified as an alternate resource in ACL 17-95, the non-provider parent is considered unavailable because he/she is employed during times when the recipient is at school, and at times when the recipient is under the supervision of the IHSS provider parent. Protective supervision services can be difficult to obtain and will require clear documentation of the need for the service. Three criteria that a person must meet in order to be granted PS. How do I request a rehearing for Protective Supervision? For example, a psychological evaluation that discusses the applicants mental functioning could prove to be very helpful. What happens at the assessment for Protective Supervision? How many IHSS hours can I receive for protective supervision? Many times, the county will grant protective supervision if a recipients doctor marks the yes boxes in questions one and two of the SOC 821 form and marks the severe boxes in all areas of functioning, and will deny protective supervision to everyone else. 2023 IHSS in home provider hourly pay rates by county per California Department of Social Services. Continue reading if youd like to know more about Protective Supervision. Signed by:____________________________________, Date: ________________________________________. Dangerous Behavior Log: The best way to show that your child qualifies for IHSS Protective Supervision is by examples of what your child does that may cause injuries. Children usually are not eligible for IHSS domestic chores, 1.5 hours if you have to use a laundromat. This section refers to the presence of the other parent/non-provider parent in the home and should not affect payment to the parent provider.. IHSS does not provide funding for 24/7 supervision, but it does award a block of hours to cover a portion of this need. If youd like to get more technical details and read the Protective Supervision laws and regulations, see the following resources. IHSS Service Desk for Providers and Recipients This form is available at your local county welfare office. For example, the recipient may be left alone twice a month for the family member to go shopping for no longer than 2 hours and the recipient is watched by receiving a phone call at home every 20 minutes. Most likely engage in potentially dangerous activities am interested in your help with: Contact PASC at ( 877 565-4477. 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