In-Home Supportive Services (IHSS) is a state-funded program in California that provides assistance to eligible individuals with disabilities, including children, who are unable to perform activities of daily living without assistance. Protective supervision is a type of IHSS service that is provided to individuals who require constant supervision to ensure their health and safety, such as children with autism, Down syndrome, and cerebral palsy.
However, there may be instances where IHSS decides to take away your protective supervision, leaving you feeling overwhelmed and uncertain about your future. If this happens, there are several steps you can take to fight for your rights and regain your protective supervision.
- Review your case file: Before taking any action, it is important to check all your documentation. This will also help you prepare for any appeals or legal action.
- Contact an advocate: If you are unsure of your rights or need assistance in navigating the IHSS system, consider contacting an advocate. An advocate is a person who provides support, guidance, and advocacy for individuals with disabilities and their families. They can help you understand the laws and regulations surrounding IHSS, and assist you in fighting for your rights.
- File an appeal: If you disagree with IHSS’s decision to take away your protective supervision, you have the right to file an appeal. This is a formal request to have the decision reviewed by an administrative law judge. During this process, you will have the opportunity to present evidence and testimony to support your case.
- Gather evidence: To support your appeal, gather any relevant evidence that can help prove that you still need protective supervision. This may include medical records, doctor’s letters, and statements from family members or caregivers. You should also include a detailed explanation of why you believe the protective supervision is necessary and what kind of harm you may face without it.
- Consult with an attorney: If you feel that your case is particularly complex, you may want to consider consulting with an attorney. An attorney can help you understand your rights, guide you through the appeal process, and represent you in court if necessary.
- Attend the hearing: If your appeal is granted, you will be scheduled for a hearing. During this hearing, you will have the opportunity to present your case and provide evidence to support your argument. You should be prepared to answer questions from the judge and provide detailed information about your need for protective supervision.
- Seek alternative resources: If your appeal is denied, it is important to seek alternative resources that can provide the support you need. This may include adult day care, home health care services, or respite care. You can also contact local advocacy organizations for assistance in finding alternative resources.
In conclusion, losing your protective supervision can be a stressful and confusing experience. However, by understanding your rights, seeking the help of advocates and attorneys, and gathering evidence to support your case, you can fight to regain your protective supervision and ensure your health and safety. Remember, you are not alone and there are resources available to help you through this difficult time.
Our advocates can lead you through everything, as well as attend the hearing with you.
American Advocacy Group is on the front lines every day, making positive change happen for people diagnosed with Autism, Down syndrome, and a range of diagnoses across the continuum. As a leading advocate for all people with intellectual and developmental disabilities and their families, and the premier provider of the support and services people want and need, we understand the system and know how to take action in regard to your best interests.
CONTACT US FOR HELP.
Dial (877) 762-0702 or email us at [email protected].
