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Up date I WON !!!! (PLEASE READ)HELP!! Please Please Read!!!

Posted by on May. 20, 2010 at 8:39 PM
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 I WON!!!!!! As some of you might know ive been in a battle to become me sons IHSS provider and even went to state hearing. I got the news today that I won and the social workers had no right in dening my son. I will now get a total of 283 hours a month at $9 an hour since he is severly autistic.The judge said the county never should have denied him based on his age and was wrong and he clearly needs IHSS and protective supervision and the evidence I presented with my advocate was over whelming. YAHOOOO!! So to all the single parents with a disabled child no matter what age get the help you need and never stop fighting. The county will always use tactics to discourage you and deny you but know your rights and dont take no for an answer.  It has been a long 6 month fight but well worth it now they have to pay retro active back to april.

 

 

Ok so scroll down and read what goddessmom on Jul. 12, 2010 at 10:33 PM  wrote who is a IHSS worker. I was very offended that she compaired my child to a hyperactive child and that I was only trying to get money from the state. Im sorry but taking care of a severe autistic child that sleeps at most 4 hours a night,sleep walks, has night terrors, stims to the pointo injury, bangs his head, bites and scratches self with major meltdowns and is nonverbal, cant feed or dress self ect.. is way harder then working a 40 hour a week job. I would trade jobs in a second and work a 40 hour a week job if my son didnt need me so badly. But due to his Autism and being a single parent I lost my last job. Oh and read all the laws too if you have a child with severe disabilaties keep fighting and get all the help you need.

Did you know only 10% of parents that have a child with a severe Disability gets the help they need. Because due to the budget cuts we get denied unlawfuly and the people who denie us are hoping we wont fight or look up the laws.  

UPDATE:

1. I was  going over my voice mail messages from when I tried to apply. The first message I got was to call back to talk about the program but the lady only left part of her extention number 314 (it was 3148) she said 314 twice. Then she called again and left a message saying if i dont call her back then she will assume im not interested and again only leaves 314 as he extention number. so i have to go through every last number to find her. Do you think that was unporpouse?
 
2. I called on April 30 which is when i guess that started the application which is dated on the denial form. As you know I didnt get the in home assesment til I called back stating my son cant be denied due to age. OK any way She called me back and left a message stating My interview is on MAY 20 so why does my denial letter say Date mailed MAY 13? And I got the letter on the 27th. So how can they mail a denial letter on the 13th if he hadnt even had his in home assesment yet. Is this odd to you? is that even legal?
 
sounds like from the start of the first message they already didnt even really want me to contact them so they could close the case with the partial extention number.
What are your thoughts about the Date situation is it fraud on their part?

I applied to IHSS to be my sons care provider for 24 hour protective supervision. He is 3 years old and has severe autism. He has no sense of danger,sleep,walks as well as other sleep issues, climbs on everything and has no sense of the word no and doesnt respond to his name or come when called as well as inflects self injury due to his Autism. His doctor filled out the (SOC)821 and marked severe under all catigories as well as made an additional coment stating that my child did need 24 hour protective supervision. I also recieved a letter from his special ed teacher stating he needs canstant supervision as well as all his IEP and phycological reports for his autism. I had to quit my job to take care of him full time because he misses school frequently due to constantly being sick.

 

 

The social worker proceded to tell me he was to young and it was my responsiblity to care for him anyway and he was a typical 3 yearold. I argued that he wasnt and again listed the facts above. I also mentiond that if there is proof that he needs more care than a typical child his age and I am unable to obtain a job due to his disablity that i should be granted the 24 hour protective supervision. which as stated above i have that proof. She then told me he had to qaulify for IHSS first to even be granted 24 hour protective super vision and because of his age he didnt qualify. I then argued again that if shown a child his age needs more supervision due to mental imparment and would be a danger to him self it should be granted. She then told me she thought the (SOC)821 from the doctor was fake and made me sign a blank one to resend to him and i told her that was fine. when they left i called his doctor to tell him he would be getting another form to fill out and he was shocked that they implied it was a fake and agreed to fill out another one.

 

MY question is am i right should he be granted the 24 hour protective super vision? was it legal for them to keep pursueding me that he didnt need it?

Theresamonkey

by on May. 20, 2010 at 8:39 PM
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Replies (1-10):
Theresa95341
by New Member on May. 21, 2010 at 10:22 PM

BUMP!

wolfgirlbec
by Member on May. 22, 2010 at 10:28 AM

ABSOLUTELY! That (excuse me here-)bitch was WAY out of line and you are to be commmended for standing your ground and defending the rights and needs of your son! I know,if it was me,I would have done the exact .same.thing! You are your son's advocate,and because of the severity of his autism and him being non-verbal,You're also "his"voice! Furthermore,I would make a call and report this woman to her supervisor for the abominable way she treated you.She needs to be put in check in a BIG way and who is she to assume these things about your son?!! She doesn't live with him 24/7,and you have adequate verification to back what you're saying up,from his ESE(special ed)teacher and the Dr. You have done absolutely nothing wrong,merely defended your son's rights and needs and the services he is entitled to.I would call monday morning and report her to the supervisor in charge over there,because she was way out of line with you and some of what she said was bordering on downright harassment in my honest opinion! Best of luck,be strong,and know you are not alone.I hope you will let us know what happens.HUGS!hugsjigsaw ribbongood luck

Theresa95341
by New Member on May. 22, 2010 at 11:49 AM

 Thank you, You are right I have already called the disabilities rights act of Ca.

Theresamonkey

Theresa95341
by New Member on Jun. 9, 2010 at 12:26 PM

BUMP!

mousireid
by Member on Jun. 12, 2010 at 7:27 AM

I have had other instances where it almost seems as though someone is jeapordizing me, or perhaps did not know whta they were doing (in a case of my medical insurance).  It took a while but we are where we need to be now.  I wish you the best and that you will keep trying and not give up!  Find out too if there are 'managers' you could speak with or on a State level, even ask about the information the next county over if you have to - perhaps they can give you teh correct answers.  As long as you have all the correct paperwork and information she cannot deny you!  Even if you have to ask for free legal services, sometimes all they understand is the legal aspect, funny how they can suddenly come up with help when you put the screws on!  Are there advocates in your area?

Good luck lady!

dtsacademy
by New Member on Jun. 27, 2010 at 8:01 AM

That is horrible, I hope it all gets straightened out!

goddessmom
by New Member on Jul. 13, 2010 at 1:33 AM

Ok not to be the ass of this conversation, however, I work for Adult Protective Services and In Home Supportive Services. Originally, IHSS was created for SEVERELY handicapped adults or elderly that cannot afford care or care in a home. We have lots of people who want to be paid to take care of their parents, and a WHOLE lot of fraud going on. On top of that, they are drastically underfuned and looking at cuts and possible termination of the entire program. RARELY is it granted to a child your sons age. NOBODY has 24 hour coverage eccept I think one person out of 2300 in our community. and she is 102. It may not seem fair, however, alot of people with young children, young autistic children have to make due without being paid by the state to take care of their child. If they did where would they draw the line. My daughter is hyperactive so, because she has a special diet I should be paid to take care of her? Autism is almost NEVER accepted into IHSS, unless you have an adult, whom needs help with medication and living skills, and even then usually Tri counties will be involved with them. You should look for something else IHSS is probably not going to be any help to you until he is older. Don't get me wrong your Dr.'s note maybe able to keep you from partisipateing in Welfare related activities, such as job search ect, but that is probably the most help you will get from the system that was set up for ailing adults.

Theresa95341
by New Member on Jul. 14, 2010 at 1:29 AM

I'm sorry but your wrong. Im not trying to get the state to pay my way at all. I use to work full time when my sons Dad was around and I even went to school at night and Graduated on the Deans list. So please dont judge me and think Im trying to fraud the sate. Now that his father has left I lost my full time job due to my sons autism. He is severly autistic and non verbal, has no sense of danger or the word no. He Stays up most nights til 5am Stimming and other nights he sleep walks or screams from night terrors. He has low pain tolerence so he cant tell me when something hurts or when he is sick. He gets sick frequently and because he cant tell me I have to watch him closely and its not just colds its pnuemonia, bronchitis, flues with fevers of 105. When he gets sick instead of acting like a normal child who is sick he will stim to the point of injury. He has even had a seizure in the past because he couldnt tell me he was sick. One minute he is doing his stimming the next he drops to the floor and stops breathing. He cant feed or dress him self at all and has regressed back to baby food. So feeding alone takes almost an hour to an hour and a half for each meal becaue I have to try regular first then work my way down til he will finally eat due to his oral sensory problems. It also taks me 45 minutes to brush his teath because of his sensory problems. The list goes on and on head banging, wandering off, walking into walls table and people. Now you tell me this is normal care for a 31/2 year old. He was denied based soley on age. Which is not regulation. I was told all children under 5 get a f1 ranking of 1 and that it was regulation. This is untrue. When the in home assesment was done the were rude didnt follow regulations and when I requested to get copies of my case file i was refused and was told he didnt have one. Which was also a lie because when i fanially got to see it, it was incomplete because they didnt do a proper assesment. As far as only one person you no getting 24 hour protective supervision that to is wrong because I have been in touch with Ihss advocates with children with severe autism and their kids are getting it. So Please dont compaire My sons severe mental impairment with that of a hyperactive child. Below are some sites I found from Ihss traing sessions for social workers and well as state hearings and Laws also a site on what a typical 3 to 4 year olds should be able to do. Im not trying to be rude but I now know my rights and yes I will be going to state hearing. And with all the messages they left on my voicemail admitting they didnt follow regulation and refused to give me my case file.

State Hearings Division participated in a training session at Asilomar involving IHSS issues in state hearings. This session was attended by over 100 county social workers throughout the state. Part of that training session included two hypothetical fact patterns

11. The purpose of IHSS is to provide services to aged, blind and disabled persons that they are unable to provide for themselves and who would be unable to remain safely in their homes without such services (Welfare and Institutions Code (W&IC) §12300(a)).

CDSS has come up with age appropriate guidelines to consider when evaluating a child's needs. The age appropriate guidelines are CDSS policy. They are not regulations. There is no statutory authority for these guidelines.

Because these guidelines are not regulations, a judge would not be able to cite them as authority in writing a decision. However, since the purpose of IHSS is to provide services to a blind or disabled child and not to a child who is not blind or disabled, the county must evaluate Mark's needs based on his disability. That is, the county should authorize time for needs for three year old Mark if he requires assistance where a healthy three year old child would not need assistance.

The county could cite the age appropriate guidelines (including the Vineland study upon which the guidelines are based) as a factor for the judge to consider when determining if a healthy child could complete a task. For example, the age appropriate guidelines from 1997 indicate that a three year old is expected to be able to put on a coat unassisted, but that a four year old is expected to button the coat. If Mark's mom wants authorization for putting on and buttoning the coat, the county by following the age appropriate guidelines would authorize time for putting on Mark's coat, but would not authorize time for buttoning the coat.

While a judge could consider the age appropriate guidelines, the judge's decision would have to be based on whether services are needed due to Mark's disability rather than his age. Thus Mark's mom could present evidence that time should be authorized for putting on Mark's coat because of his disability rather than his young age. A judge could reasonably authorize time for putting on a coat as well as buttoning the coat for a three-year-old notwithstanding the guidelines.

It would be much more difficult for time to be authorized for Mark for many other services. In the case of laundry for example, the age appropriate guideline is 14 years old. At that age, a non-disabled child could be expected to do his or her own laundry. While a judge is not bound by that age guideline, a judge likely would conclude that time could not be authorized for laundry for Mark. That is, Mark's mom would do the laundry for any three-year-old. She thus would not be authorized IHSS for doing Mark's laundry.

However, what if Mark was age ten and incontinent? Suppose Mark's mom testified that she needs to do laundry three times a week for Mark instead of once a week because of his incontinence. According to age appropriate guidelines, a ten-year-old is not expected to do laundry. If age appropriate guidelines are followed, no time could be authorized for laundry.

While a judge may not authorize time for routine laundry, the judge may authorize the additional time needed for extra laundry that mom would do for a ten-year-old who is incontinent. In the above example, time may be authorized for laundry twice a week to account for the extra two days of laundry per week.

12. Garrett v. Anderson addresses protective supervision for children. This court case is addressed in All County Letter 98-87 dated October 30, 1998. It discusses several factors that a county must consider when evaluating whether a child is eligible for protective supervision. It must assess a minor for mental functioning.

The county is not permitted to "presume" that a child of any age has a mental functioning score of 1 (i.e., is completely independent and has no need). The county must assess the minor for mental functioning.

The county must determine whether a minor needs more supervision because of his/her mental impairment than would a child of the same age without a mental impairment. A child must not be denied protective supervision solely based on age or because he/she has incurred no injuries at home due to the mental impairment.

The county must allow the parent/guardian to provide medical or other information about the mental impairment and must evaluate that information.

Since the county is not permitted to presume that a child of any age has a mental functioning score of 1, it is possible for three year old Mark to have an established need for protective supervision. The parent/guardian would have to present both medical and testimonial evidence to support the contention that Mark required more supervision because of his mental impairment than would a three year old without such mental impairment.

13. MPP §30-763.451(a) provides that in order for a parent to be a provider for her child, the parent among other requirements must either have left full time employment or be prevented from obtaining full time employment. In order for mom to be Mark's IHSS provider, she need not have worked in the past to meet this requirement. If she can establish that Mark has a need for IHSS, she can meet the requirements of MPP§ 30-763.451(a) by testifying that she is unable to obtain full time employment because she needs to provide care for Mark.

14. MPP §30-763.451(b) provides that in order for a parent to be a provider for her child, there must be no other suitable providers available. MPP§30-763.452 defines suitable provider as any person who is willing, able and qualified to provide the needed IHSS.

It is not enough for the county to allege that there are other suitable providers (other than the parent). The county must name a specific suitable provider or providers who can provide IHSS for this child instead of the parent.

If the county did provide such name or names, the parent could testify why he/she believes such provider(s) is not suitable.

 

Accessing the Contents of your File

Upon request, the County Welfare Department (CWD) must allow you to examine the case record during regular working hours. You have this right both prior to and during the hearing. MPP 22-051.1; .2 Also, when requested, the county is required to give copies of specific policy materials, including regulations, necessary for you or to determine whether a state hearing should be requested or to prepare for a state hearing. These copiesmust be without charge or at a charge related to the cost of reproduction.MPP 22-051.3

Ask your worker for a copy of the latest needs assessment forms.These county forms will include notes about why hours were orwere not authorized.

Oh and by the way it wasnt until I asked the supervisor to write down that he refused to give me copies of my file that it magicaly appeared and was incomplete. I gave them the doctors forms, pshycology reports, His IEP of his age equivalence as well as a letter from his preschool teacher who is a autism teacher stating he needed constant supervision and would wonder off and didnt eat regular food.

And finaly what the state welfare department says about what my child should be Doing for HIM SELF at his age.

Title:
Section 7:
Chapter 4:
Effective Date:

Child Welfare Manual
Glossary/Reference
Developmental Milestone
January 29, 2010

Age 3

Physical Development - Runs well, marches, stands on one foot briefly, rides tricycle, imitates cross, feeds self well, puts on shoes and stockings, unbuttons and buttons, build tower of 10 cubes.  Pours from pitcher.

Emotional Development - Likes to conform, easygoing attitude, not so resistive to change, more secure, greater sense of personal identity, beginning to be adventuresome, enjoys music.

Social Development - Parallel play, enjoys being by others, takes turns, knows if he is a boy or girl, enjoys brief group activities requiring no skill, likes to "help" in small ways-responds to verbal guidance.

Intellectual Development - Says short sentences, 896 words, great growth in communication, tells simple stories, uses words as tools of thought, wants to understand environment, answers questions, imaginative, may recite few nursery rhymes.

MY SON IS 3 AND 1/2 AND DOES NON OF THESE THINGS EXCEPT FOR THAT HE IS GOOD AT PUZZLES WHICH IS BECAUSE OF HIS AUTISM HE IS VERY VISUAL AND OBSESSIVE WITH PUZZLES


 

3 to 4 years: Motor Ability: Stands on one leg, jumps up and down, draws a circle and a cross (4 years) Self-sufficient in many routines of home life Affectionate toward parents Pleasure in genital manipulation Romantic attachment to parent of opposite sex Jealousy of parent of same sex Imaginary fears of dark, injury, etc.

Likes to share, uses "we" Cooperative play with other children, nursery school Imitates parents Beginning of identification with same sex parent, practices sex role activities Intense curiosity and interest in other children's bodies Imaginary friends

 

so now please tell me again how my son doesnt qualify due to his age???? Its because people dont know all the laws that only 10 % of parents that have a child under 5 with severe disabilities are not getting the help they need.

Quoting goddessmom:

Ok not to be the ass of this conversation, however, I work for Adult Protective Services and In Home Supportive Services. Originally, IHSS was created for SEVERELY handicapped adults or elderly that cannot afford care or care in a home. We have lots of people who want to be paid to take care of their parents, and a WHOLE lot of fraud going on. On top of that, they are drastically underfuned and looking at cuts and possible termination of the entire program. RARELY is it granted to a child your sons age. NOBODY has 24 hour coverage eccept I think one person out of 2300 in our community. and she is 102. It may not seem fair, however, alot of people with young children, young autistic children have to make due without being paid by the state to take care of their child. If they did where would they draw the line. My daughter is hyperactive so, because she has a special diet I should be paid to take care of her? Autism is almost NEVER accepted into IHSS, unless you have an adult, whom needs help with medication and living skills, and even then usually Tri counties will be involved with them. You should look for something else IHSS is probably not going to be any help to you until he is older. Don't get me wrong your Dr.'s note maybe able to keep you from partisipateing in Welfare related activities, such as job search ect, but that is probably the most help you will get from the system that was set up for ailing adults.

 

Theresamonkey

Theresa95341
by New Member on Jul. 14, 2010 at 1:52 AM

BUMP!

mustbeGRACE
by New Member on Jul. 14, 2010 at 12:51 PM

You are correct in what you are trying to accomplish.


It is BEYOND THE SCOPE OF PRACTICE for a social worker to attempt to give your kid a medical diagnosis.

Ask her if she could put it all in writing, including her "diagnosis".

She will balk at that.

Maybe you could send her written assessment of your  child to her supervisor, who wouldn't like to be brought before your state's board that deals with social workers!!!!!!!

You might mention to her that her doing that is really an ethics issue on her part.

You are right, they are wrong.

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