Denied Protective Supervision & Considering Using an IHSS Advocate

IHSSadvocates provides full service representation for those families pursuing In-Home Supportive Service benefits. Specifically, our program focuses on over turning denials of families with developmentally disabled children seeking Protective Supervision.

This video is the first installment in a series of informative tutorials designed to assist those families interested in pursuing IHSS services on their own, on behalf of their developmentally disabled children.

This series will only cover topics related to protective supervision. For those interested in information about other categories within the IHSS program may download the IHSS Nuts & Bolts Manual.

In-Home Supportive Services is a generic resource, yet some families with children are routinely denied Protective Supervision.

Our hope is that families make a good choice to self-advocate and view our video series to gain pearls of wisdom that will help them overturn their child's denial of Protective Supervision.


Why families are denied Protective Supervision:

  • All County letter 15-25 requires the social worker to determine if the child needs "more supervision" than a minor of comparable age who is not mentally impaired/mentally ill, pursuant to the Garrett v. Anderson court order.
  • "More supervision" can be more time, more intensity, or both.
  • The additional supervision required must be significantly more than routine child care, and not only be related to the functional limitations of the child, but also allow the child to remain safely in their own home with this assistance.
  • If the answer is no, then the minor is not eligible for Protective Supervision under the Garrett v. Anderson court order, and Protective Supervision should not be granted.
  • The county should document that because the child does not need "more supervision" than another child of the same age without a mental impairment/mental illness, the minor does not meet the Garrett criteria of needing 24 hours-a-day of supervision.
  • NOTE: A social worker may not deny Protective Supervision based solely on age.

As a result many families with young children get denied. Families are then faced with the task of pursuing an appeal.


Why use an IHSS advocate?
Some families are comfortable with the appeals process while others are not. Uncomfortable families should consider using an advocate because the loss of retroactive benefits are often greater than an advocate's fee.


Things to consider when seeking help of an advocate

  • Advocates are not cheap, but they are a better option than not pursuing Protective Supervision.
  • Don't use an advocate that requests an upfront fee or deposit.
  • Use an advocate that only gets paid if you win your case.
  • Make sure you know, in actual dollars, what the fee will be beforehand.
  • Some advocates will disguise how expensive they are by quoting percentages and not dollars.
  • Under no circumstances should a family hire an advocate until a written denial has been issued by their social worker.
If you need any assistance, you are welcome to join our support group at:IHSS Advocacy Group