This resource is designed to assistcounty eligibility workers and other partners who provide services to the public. The non-provider parent must be working or going to school. Priority to begin a free Kickstart of the Undivided Support System with a dedicated Navigator. A county social worker will interview you at your home to determine your eligibility and need for IHSS. You may also have a family member or family friend become authorized to provide IHSS services. . Keep a log to describe all the potential accidents that would happen if your child were not supervised. Like all in-home supportive services, protective supervision provides an alternative to out-of-home care for Medi-Cal eligible recipients. An IHSS Protective Supervision provider takes care of children with severe mental impairments and makes sure they don't hurt themselves while they are living at home. Breathing treatments, suctioning, and oxygen administration should also be included on the paramedical services form, although the hours may be allocated in their own category under respiration if the service provided is limited to assistance in self-administration. Its so helpful to have one place that you can go to get many answers., Leeza Woodbury, with Navigator Kelly since 2020, In Home Supportive Services Protective Supervision, https://www.cdss.ca.gov/cdssweb/entres/forms/English/SOC321.pdf, https://www.cdss.ca.gov/cdssweb/entres/forms/english/soc821.pdf. Your parents are physically or mentally unable to perform the needed services, Your parents are absent because of ongoing medical, dental or other health-related treatment, or, Your parent has no full-time employment or cant get full-time employment because of the need to provide you with IHSS; and. Examples include, but are not limited to: Preparation and administration of medications, Monitoring for as-needed medical interventions (such as assessing for need of rescue inhalers), Related tasks requiring judgment based on training given by a licensed healthcare professional (see Disability Rights Californias publication IHSS Program Covers Paramedical Services, for further reading). .17 Protective Supervision consists of observing recipient behavior and intervening as appropriate in order to safeguard the recipient against injury, hazard, or accident. You can request your hearing to take place in person or over the phone. 2. In addition to the physician certification form, you may also be asked to fill out SOC 825, the 24-hour care plan for protective supervision. For example, a parent might let a neurotypical child play safely and independently in a different room for an extended period of time, whereas a parent of a nonself-directing minor of the same age may have to be significantly more vigilant in order to prevent the child from harm. The reasons to request a rehearing include: You can submit your rehearing request by: State Hearings Division It provides the disabled, blind, those with limited income,or people over the age of 65 with inhome care services that are paramount to their ability to stay safely at home. Learn more about parent providers and third-party providers here. Individualized Education Program (IEP): This document will be created by your childs school. 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. You can file a writ petition if you think CDSS did not provide you with a fair hearing, that there was a prejudicial abuse of discretion, or other errors. (Welfare and Institution Code 12301.21 and MPP 30-757.173(a)(2) and (3))., Protective supervision is awarded for recipients who are non-self-directing and whose risk of harm to self or others is due to their severe cognitive impairment. ARs note: to be eligible to be a parent provider, said parent must have terminated employment completely, reduced employment to below 40 hours a week on average or be prevented from working an average of 40 hours per week because there is no other suitable / available provider. This can give you financial support of up to $3,000 per month. Tip: Keep copies of all documents completed by your childs doctor in case IHSS misplaces them, and confirm receipt of all forms by IHSS. IHSS Timesheet Issues/Questions: Note: Parent-provider income is tax-exempt per IRS Notice 2014-7. SOC 295 - Application For Social Services, Translations: A child who makes bad decisions about her health or safety, is confused or wanders off, gets lost, or forgets to start or finish something, A child who may get hurt if she is left home alone because she may wander out of the house, let strangers in, light fires, leave water running, eat inedible things, or do things that are self-harming such as head banging, biting, and scratching, A child who must be supervised 24-hours a day. Then go back to your Vault to learn more. IHSS Application in Armenian Protective supervision is an IHSS service for recipients who require 24/7 supervision to prevent injury to themselves or others due to severely impaired judgment, orientation, and/or memory (their words). In addition, the childs cognitive impairment(s) might affect the intensity of supervision needed. |. If the applicants physical condition makes it impossible to engage in any dangerous activities that would require oversight and intervention, then the applicant is not eligible for protective supervision. For example, an applicant with a documented history of nonself-directing behavior, who has a tendency to open the front door and start walking away, does not necessarily have to make it into the street in order for this to be considered potentially dangerous behavior. Note: If you can show that you need more hours than what is listed above, you may qualify to get it. For example, the term self-directing in the IEP context might refer to a child who is able to draw with markers without instruction or assistance. To defend the countys position, a county hearing representative will attend the hearing, often accompanied by a county social worker. The live-in provider form can be found here. IPO - Recipients are eligible because they have qualified for Medi-Cal and are also part of one of the following groups: parent provider for a minor child, spouse providers, advance pay cases or meal allowance cases. Your child will be at risk of out-of-home placement or inadequate care if they dont receive the awarded IHSS services. If you are raising a child with special needs like as autism, Down syndrome, epilepsy, or cerebral palsy, you might be eligible for IHSS Protective Supervision as a provider. What happens at the hearing for Protective Supervision? If you feel your child might meet the qualifications, call your social worker and ask for an assessment for IHSS Protective Supervision. Contact PASC at (877) 565-4477 or visit their website. 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. An IHSS provider may be paid to observe and monitor a disabled child or adult when the person can remain safely at home if 24 hour supervision is provided. Explain why a rehearing should be granted; Request an interpreter in your preferred language, if applicable; and. It gets slightly more complicated with two parent households. Review any relevant information provided by the parent. Los Angeles, CA 90035, Identify your relationship to the applicant: In a two-parent home with one parent being the IHSS provider, is the other parent, who is employed outside the home, considered a suitable provider when they are available during non-work hours, weekends and holidays? A recipient cannot receive protective supervision to prevent intentional self-harm or deliberate violence. You should provide any other documentation, including evaluations and reports, that show that the applicant engages in dangerous behavior or has difficulty assessing potentially harmful situations. IHSS Electronic Timesheet Service Click here to request a free advocate evaluation of your case. Along with the SOC 821 form, you can also submit other documentation to IHSS, including hazardous behavior logs, a letter from your childs Regional Center outlining their cognitive impairments relative to judgment, orientation, and/or memory, a copy of your childs ABA assessments, or other documentation that demonstrates an elevated need for close and constant supervision due to non-self-direction. State Hearings Division Protective supervision is not available in the following situations: Providing the proper documentation is the most critical component of securing protective supervision, whether at an assessment or on appeal. It may be useful to provide your doctor with a log of your childs potentially hazardous behavior in terms of judgment, orientation, and/or memory so they have a sense of how to fill out the form. To be technical, here are the actual laws of the above three requirements: (MPP) 30-763.451: The parent has left full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and the inability of the parent to perform supportive services may result in inappropriate placement or inadequate care. Your parents are absent because of employment, education, or training for vocational purposes. Damage to property as opposed to physical harm to others. 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. If you live with at least one parent, you can pay someone other than your parent to provide IHSS if: If you live with at least one parent, your parent can be paid to do IHSS if: If you live with both parents, one of your parents can be paid to do IHSS if: You can use IHSS personal care services to help you get, keep, or return to work. Tip: If your childs PT/OT/speech therapy provider has given you a home plan to follow for reinforcement of skills outside of sessions, you should ensure that the plan includes specific instructions on frequency (how often) and duration (for how long) for each task or activity. If your childs needs extend the amount of time required for a task, that should also be included in the calculation and you should make a note of it in the spreadsheet. When an applicant deliberately intends to harm him/herself. What can In-Home Supportive Services (IHSS) pay for? IHSS Program Data Parent providers must be eligible to work in the United States, and will be required to complete background checks and fingerprinting (there is a LiveScan fee for this requirement) as well as an orientation session. The notion that the non-provider parent must be employed full time is not supported by the regulations. Client Development Evaluation Report (CDER): This is a document created by the Regional Center. There's a lot of misinformation floating around the various online help groups and that can lead parents in the wrong direction. 15-25.). Your caseworker may approve those 20 hours, but if that happens, you will only get 60 hours of IHSS at home. .451 The parent has left full-time employment or is prevented from obtaining full-time employment because no other suitable provider is available and the inability of the parent to perform supportive services may result in inappropriate placement or inadequate care. As a Parent, Do I Qualify for (IHSS) Protective Supervision as a Provider? Box 944243, Mail Station 6-16-50 It is easy to underestimate time spent on these services, so it may be useful to keep a detailed activity log for a week or two. SOC 295 Armenian (pdf) You can appeal your denial of protective supervision by: California Department of Social Services Do not mail in this form or drop it off at the doctors office. How do I seek State Court review for Protective Supervision? Protective supervision hours will be provided for up to 195 hours per month or 283 hours, depending on the severity of the impairment and the persons IHSS program. Upon receipt, the State Hearings Division must grant or deny your rehearing request within 35 working days. A parent providing IHSS-funded care to his/her own child is not full-time employment.. This includes: If your child engages in any of the examples listed above or similar activities, you should look into becoming a Protective Supervision provider. How to get IHSS Protective Supervision in California? You will then be given an opportunity to provide testimony. In this article we'll focus on "Protective Supervision," however, below is a list of some of the services children under the age of 18 are eligible to receive through IHSS: Also, keep track of every phone call, email or in-person contact you have with IHSS, including the date, time, the person you spoke with, and a summary of your conversation. You are entitled to an interpreter at the hearing, free of charge. Protective supervision is an IHSS service for people who, due to a mental impairment or mental illness, need to be observed 24 hours per day to protect them from injuries, hazards, or accidents. If your county has contracted IHSS providers, you may choose to have services provided by the contractor. You may contact the social worker assigned to your case to determine the IHSS hourly rate in your county. If, however, the child only touches the hot stove when the parent is cooking, then it may well be considered a predictable behavior (as the parent knows when the child may attempt the behavior). If you still have questions, feel free to message ushere at California Advocacy Group. Our advocates can lead you through everything, as well as provide resources to better assist you and your child with special needs. Give us a call or fill in the form below and we will contact you. The court agrees with CDSS and denies your writ petition; The court agrees with you that the administrative law judge made some kind of error, and the court grants you protective supervision and/or other supportive services; and. be nonself-directing due to a mental impairment or mental illness; be likely to engage in potentially dangerous activity; and. Join the Undivided Community to get more resources like this in your inbox. Tools and Resources for Emergency Situations, visit the In-Home Supportive Services Program website. I am interested in your help with: We have been getting a lot of calls lately from parent providers about the two parent rules. Non-self-direction is defined as an inability, due to a mental impairment/mental illness, for individuals to assess danger and the risk of harm, and therefore, the individuals would most likely engage in potentially dangerous activities that may cause self-harm.. 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. Exceptions to Protective Supervision Eligibility. The minor must also: However, CDSS interpretation that nonself-directing is a separate eligibility requirement seemingly has no legal basis. More supervision means that the child must require more time and/or more intensity of supervision than a neurotypical child of the same age. Master Plan for Aging and IHSS The health care professional you choose should ideally be someone whom the applicant has seen for an extended period of time, not just an appointment or two. Your ability to provide convincing documentation may very well make or break your case for protective supervision. Below are the actual laws about two parent households from the MPPs (Manual of Policies & Procedures): (MPP) 30-763.453(b): The non-provider parent shall be unable to provide the services because he/she is absent because of employment or in order to secure education as specified in Section 30-763.441, or is physically or mentally unable to provide the services, as specified in Section 30-763.442. Education, or training for vocational purposes child must require more time and/or more intensity supervision. 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