A recipient can make a request with their county if they prefer payment go directly to their provider. If you have an authorized representative, the judge will ask if he/she would like to make the applicants opening statement. This resource is designed to assistcounty eligibility workers and other partners who provide services to the public. WebIHSS pays a parent, spouse, family member, friend or other provider to help you with the services needed. 2 0 obj (This Publication Is Designed To Be Folded For Use As A Wallet Card. The 24-hour-a-day requirement means that the dangerous behaviors are frequent and unpredictable so that constant oversight is necessary. child when the parent has left full time employment or is prevented from For example, the social worker should inquire about the applicants dangerous behaviors. Applicants with severe deficits in memory, orientation, and judgment are more likely to qualify for protective supervision than applicants with moderate deficits. In-Home Supportive Services (IHSS) In-Home Supportive Services, also known as IHSS, can help pay for services if youre a low-income elderly, blind or disabled individual, including children, so that you can remain safely in your own home. Ive always done my taxes and this is my first year having IHSS as my only income, so I was wondering if its even worth it to try to do them. IHSS Protective Supervision consists of closely watching your childs behavior and intervening as appropriate to safeguard him or her against injury, hazard, or accident. 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. from whether the child is eligible for IHSS. 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However, a non-parent provider cannot be paid If approved, you will be notified of the services and the number of hours per month which have been authorized. Sacramento, CA 94244-2430. You will then be given an opportunity to provide testimony. If there are any discrepancies or inaccurate information in the documentation, you should seek to get the documents corrected prior to submitting them to the county social worker, county hearing representative, or administrative law judge. Go to http://www.americanadvocacygroup.com or call us directly at (877) 762-0702, and we will assist you in getting your child the funding he or she deserves. The decision is inconsistent with the law; The decision is not supported by the evidence in the record; The decision is not supported by the findings; The decision does not address all of the claims or issues raised by the parties; The decision does not address all of the claims or issues supported by the record or evidence; The decision does not set forth sufficient information to determine the basis for its legal conclusion; Newly discovered evidence, that was not in custody or available to the party requesting rehearing at the time of the hearing, is now available and the new evidence, had it been introduced, could have changed the outcome; and. This can give you financial support of up to $3,000 per month. It will also show when you provided protective supervision to prevent injuries or accidents. Also, make sure to highlight any behavior and safety concerns. WebIHSS has personal care services, protective supervision, household chores, accompaniment and paramedical services. The judge will ask all parties to swear, under oath, that their testimony will be truthful. HOW DO I QUALIFY FOR IHSS? IHSS is a California government program that provides financial support for in-home caretakers of impaired elders, persons with disabilities, and children with developmental disabilities including ASD. An administrative law judge will manage the hearing. If the applicant is a minor and client of a regional center, provide relevant regional center documents, such as an IPP or IFSP. IHSS Website - Login. <>>> This form is to be completed by the IHSS recipients doctor. Next, submit the application to your county IHSS office. 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. WebIn-Home Supportive Services (IHSS) IHSS paperwork can be mailed, faxed or emailed to the following: Mail: 101 Cirby Hills Drive, Roseville CA 95678 Fax: 916-787-8922 or 530-886-3690 Email IHSS@placer.ca.gov or PublicAuthority@placer.ca.gov Current COVID Information for IHSS Recipients & Providers COVID Information and Forms IHSS IHSS Application in Chinese for a parent working part-time; 2) the parent is enrolled in an educational or Nhp vo lin kt di y c phin bn ti v y . The social worker also asks questions regarding the applicants safety and well-being. The goal of the writ petition is to convince the court to set aside the administrative law judges decision. childs needs when the child is in each parents home. P.O. All protective supervision recipients must be physically capable of harming themselves. 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Like all in-home supportive services, protective supervision provides an alternative to out-of-home care for Medi-Cal eligible recipients. /o/w_]sN _#Gm,s=~0JE~uoxIh}'>K~+1:vxQY"WIgiijr[vMLI`Tb:VT$]\D&vw9OsjiXLCuuAs[TaI_+f/(I>,>4e $Cmqj{fB\wp\g0wIZV[lLk1)Pvo-`,3`EWzEIdM6iIka 4&UpE ;qM6@ };L~y0ZdL;~<9>^ X)ZNd'f You should highlight any references to behavior goals, behavior plans, behavioral aides, safety concerns, and any examples of the applicant requiring more oversight than a neurotypical child of the same age. For additional resources, go to IHSS Recipient/Consumer Resources. For many applicants, it can seem like an uphill battle to secure protective supervision. A nonself-directing child usually requires considerably more intervention from a provider than a neurotypical child. provider and/or hire a non-parent provider is a separate and distinct inquiry If so, is it easy to do them on our own or pay someone to help me file them? You currently get 80 hours of IHSS for use at your home. Your hearing for protective supervision will either be in person or over the phone. Based On Your Medi-Cal Eligibility Your Household May Be Eligible For CalFresh Food Benefits, PUB 521 (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Adults, PUB 521L (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Adults, PUB 522 (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Minor Children, PUB 522L (10/21) - In-Home Supportive Services (IHSS) Protective Supervision Services For Minor Children, PUB 523 (1/23) - Parent Appeal Information Pamphlet. IHSS Application in Armenian You can request your hearing to take place in person or over the phone. While a variety of benefits are available, the most important for families of children with special needs is Protective Supervision. therefore can hire a non-parent IHSS provider when: 1) the parent is unavailable IHSS. If the provider qualifies, the State withholds the applicable amounts for disability insurance and Social Security taxes. 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. based only on the lack of documentation of employment status. Providers must also review impacted IHSS cases as soon as administratively possible but no later than the regularly scheduled reassessment. While a variety of benefits are available, the most important for families of children with special needs is Protective Supervision. hb```M,* eah r[8Mq}ra`Hu'V';Etm31H`^B@, egP\}QI ![89HMf\bV 4/ @ZQpD"@ 2, You request 20 hours of service for use at your workplace. The home visit is an important part of the initial assessment, which forms the basis of the countys decision to authorize or deny protective supervision. In that situation, the family 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 or your supervisor must tell us if you should no longer have this role. Be sure to include the date of the incident, a brief description of the incident, and how many times per day it occurred. 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.1 Prior to July 1, 2020, when two or more protective supervision recipients live in the same home, the need for protective supervision was considered to be met in common and the hours were automatically prorated.2 Effective July 1, 2020, the protective supervision hours of multiple recipients living in the same home can no longer be prorated.3, Counties are required to stop prorating IHSS protective supervision services as soon as possible.4 For existing cases, counties must stop prorating protective supervision services no later than the next scheduled reassessment.5 If recipients (or their authorized representative) request that protective supervision proration be stopped in their case, counties must do so immediately.6, IHSS protective supervision recipients or their authorized representative can contact the county if their services are still being prorated. All rehearing requests are made to the California Department of Social Services, State Hearings Rehearing Unit. IHSS Timesheet Issues/Questions: However, adoptive parents are subject to the IHSS parent provider rules because they have a legal duty to care for the child upon adoption. Determining whether a parent can be a paid IHSS provider and/or hire a non-parent provider is a separate and distinct inquiry from whether the child is eligible for IHSS. For more information and resourcesvisit the In-Home Supportive Services Program website. The court agrees with you that the administrative law judge made some kind of error, but determines that there is not enough evidence for the court to decide the issue and sends (remands) the case back to CDSS for a rehearing. |. Provide the doctor with specific examples of the applicants dangerous behaviors and deficiencies in memory, orientation, and judgment. A county cannot deny using a parent provider Web1) Assessment Of Need For Protective Supervision for In-Home Supportive Services Program (SOC 821 (3/06)). The Personal Care Services Program (PCSP) began in April 1993, and was the first IHSS program to obtain federal funding for recipients. endobj The social worker will also review all relevant documentation you provide. In addition, the childs cognitive impairment(s) might affect the intensity of supervision needed. The social worker assesses the applicants physical and mental functioning, living situation, and ability to perform activities of daily living. WebIHSS regulations impose additional requirements on parent providers for minors when there are two parents in the household. provider if the parent left full-time employment or is unable to obtain Typically, the judge will ask the county hearing representative if he/she would like to make an opening statement. Comment Regarding: In-Home Supportive Services (IHSS): IHSS Programs, For more information about these service limits, see the IHSS fact sheet on Functional Index Rankings and Hourly Task Guidelines, Work Incentives Planning and Assistance (WIPA) counselor, county In-Home Supportive Services (IHSS) office, Health Insurance Counseling & Advocacy Program (HICAP), Department of Rehabilitation (DOR) office, America's Job Center of California (AJCC), Adults who get care services from a parent, or, Adults who dont have a spouse to provide services, or. For example, if your child tries to escape from home, tries to eat something inedible, tries to touch the hot stove, etc., but you prevent it from happening, you should record that incident. separately but share custody, the county assesses the child at the primary The guidance CDSS offers for this requirement is to consider whether the applicant retains the physical ability to put him/herself at risk of harm. 15-25.). <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 14 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Nonself-directing means 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. (All County Letter (ACL) No. Submit a completed Health Care Certification form. 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. At Furnel, Inc. we understand that your projects deserve significant time and dedication to meet our highest standard of quality and commitment. Haga clic en enlaces a continuacin para una versin completa descargable. Furnel, Inc. has been successfully implementing this policy through honesty, integrity, and continuous improvement. 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. After all testimony is given, the administrative law judge asks the parties if they would like to make a closing statement, which concludes the hearing. Then go back to your Vault to learn more. You may contact the social worker assigned to your case to determine the IHSS hourly rate in your county. There are limitations to the number of hours an IHSS provider can work per week. 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. Currently, as an IHSS Protective Supervision provider, the maximum number of hours you can claim is 283 per month. The county can request employment verification but cannot require the IHSS Service providers are paid an hourly rate set by Medi-Cal for their county. Additionally, you must have these documents organized and ready to submit: Now look through all three documents: IPP, CDER, and IEP, to see if any of the three mentions any of the dangerous behavior your child engages in and highlight them. Problems with downloading forms? 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. Most of the requirements apply to all applicants, regardless of age. 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. If denied, you will be notified of the reason for the denial. full-time employment because of the need to care for their child. Its not a contract, but it does guarantee the necessary support and services that are agreed upon and written for your child. IHSS Application in English Advocacy services for those with disabilities. However, adoptive Your ability to provide convincing documentation may very well make or break your case for protective supervision. Note: If you can show that you need more hours than what is listed above, you may qualify to get it. This IHSS form asks the applicants health care professional to assess the applicants memory, orientation, and judgment. Web1) Assessment Of Need For Protective Supervision for In-Home Supportive Services Program (SOC 821 (3/06)). However, laws are regularly changing. IHSS includes the following services: Domestic Services: General household chores to maintain the cleanliness of 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, 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). It provides financial assistance to adults and children with developmental disabilities so they can remain at home safely. Under the regulations, a If parents are out of the house working, school, training. Note: You can request to transfer IHSS hours to the workplace but you cannot request additional hours specifically for use at the workplace. Because case workers are so overloaded, you must keep calling every single week and checking in if you have an open case waiting for a decision. Get supporting statements from anyone who looks after your child as well. Counties conduct reassessments annually, although you can request a reassessment at any time. You should provide the following documentation: Assessment of Need for Protective Supervision. IHSS does not provide funding for 24/7 supervision, but it does award a block of hours to cover a portion of this need. Severely impaired recipients will receive protective supervision hours on top of their other hours, up to a maximum of 283 hours per month. If you lock your account, you won't be able to log in again. If you are already receiving protective supervision hours and the NOA ended your eligibility, your request for a hearing should be made within 10 days of the notice, before the NOA becomes effective. IHSS AssessmentIHSS AppealRehearing RequestState Court ReviewOther, Please attach any documentation (e.g. You must tell your IHSS worker about this additional need during the needs assessment process. The required documentation for protective supervision varies depending on whether youre applying on behalf of a minor or an adult. Protective supervision provides the most hours of any supportive service, as eligible recipients are entitled to either 195 hours per month (for non-severely impaired recipients) or 283 hours per month (for severely impaired recipients). An IHSS Protective Supervision provider takes care of children with severe mental impairments and makes sure they dont hurt themselves while they are living at home. Examples of nonself-directing behaviors include, but are not limited to: Keep in mind that the definition of nonself-directing is very different in the IHSS context than its commonly understood meaning. <> By submitting this form, you agree to receive communication from American Advocacy Group via email, phone, or other means. You can hire an attorney to help you secure protective supervision at any stage of the process, from assessment to appeal to court review. If you have been denied protective supervision based on not meeting CDSS nonself-directing requirement, then you should contact a qualified representative to discuss an appeal. If you believe that the administrative law judge made an error in the decision to deny you protective supervision, you have the right to request a rehearing within 30 days of the decision. 1702 S. Robertson Blvd. If you retain an attorney or advocate to help you with your protective supervision case, IHSS requires an authorized representative form. However, the definition of nonself-directing already includes the requirement that the individual will most likely engage in potentially dangerous activities. Foster parents are not subject to the IHSS parent - This form is to be completed by the IHSS recipients doctor. reevaluated. It is intended to help individuals understand their rights and responsibilities in the In-Home Supportive Services (IHSS) program. If a caregiver, aide, teacher, or other professional has spent a considerable amount of time with the applicant, especially in a professional capacity, you should ask that potential witness to write a letter in support of the application. If this process sounds daunting and you need help, you can always reach out to us. Nyem Hauv qab rau ib daim ntawv uas muaj downloadable puv nkaus. Based on the information gathered the social worker will assess the types of services you need and the number of hours the county will authorize for each of these services. The method of payment for retroactive benefits may vary by county. You are considered your provider's employer and, therefore, it is your responsibility to hire, train, supervise, and fire this individual. Because unions negotiate with the employer of record in each county, the wage rates may vary from county to county. Why Choose an IHSS Lawyer for Your Appeal? **Due to browser constraints please download forms for full functionality. A directory of county social services offices can be found here: https://www.cdss.ca.gov/county-offices. IHSS Application in Spanish. You should be prepared to discuss each of the requirements for protective supervision, as well as any documentation you provide for your case. Help Stop Medi-Cal Fraud and Abuse Typically, nonself-directing refers to a persons inability to make decisions without external control. IHSS pays up to 283 hours a month for home care services. The elimination of protective supervision proration may result in an increase in IHSS hours. It is important to remember that you have 90 days from the date of the Notice of Action to submit your appeal. Mag-click sa ibaba para sa isang buong nada-download na bersyon. All Rights Reserved. The county must send you its statement of position at least two working days before the hearing. Individualized Education Program (IEP): This document will be created by your childs school. Children under 18 who dont have a parent to provide services. IHSS is considered an alternative to out-of-home care, such as nursing homes or board and care facilities. The IHSS agency provides additional supports, services Box 944243, Mail Station 6-16-50 An applicant is never required to suffer an actual injury in order to be eligible for protective supervision. Learn about reasonable accommodations and programs that help make work possible. The regulations state that an individual must be nonself directing, confused, mentally impaired, or mentally ill only. (MPP 30-757.171.) (866) 376-7066, Suspect Fraud? 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). Get paid faster? reason other than the recipient childs IHSS needs, that parent is not eligible This professionalism is the result of corporate leadership, teamwork, open communications, customer/supplier partnership, and state-of-the-art manufacturing. For example, a psychological evaluation that discusses the applicants mental functioning could prove to be very helpful. If both parents are Some counties may issue a check directly to the recipient for these additional hours. Your authorized representative must fill out this form to represent you at the hearing. ), Legal Services of Northern California need 24-hour-a-day supervision in order to remain safely at home. If so, what is the date of the Notice of Action? (ACL 19-02, January 9, 2019. 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. The program will help pay for services provided so the eligible child can remain safely in their own home. More supervision means that the child must require more time and/or more intensity of supervision than a neurotypical child of the same age. FREE training program for IHSS/WPCS providers to enhance providers skills and career growth. That equates to $3,396 per month today. When an applicant deliberately intends to harm him/herself. WebThe IHSS Plus Option (IPO) Program is for people who get services from a spouse or parent (for people under age 18), or who get restaurant meal allowance or advance pay. On January 1, 2022, the minimum wage will increase to $15 per hour. visit the In-Home Supportive Services Program website. A provider who works for only one recipient cannot work more than 70 hours and 45 minutes per week.7 A provider who works for two or more recipients cannot work more than 66 hours per week.8 For households with multiple recipients of protective supervision services, additional care providers may be needed for the increase in hours. 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. Sacramento, CA 95814, Summaries of select CalWORKs, CalFresh, Health and Housing Regulations, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window). % For example, if a child repetitively touches a hot stove, it would likely be considered a dangerous behavior. If you feel your child might meet the qualifications, call your social worker and ask for an assessment for IHSS Protective Supervision. The maximum allowable IHSS hours vary depending on whether the recipient is deemed severely impaired or non-severely impaired. An IHSS recipient is classified as severely impaired if they are authorized for 20 or more hours per week of non-medical personal services, paramedical services, and meal preparation. IHSS Service Desk for Providers and Recipients An IHSS caregiver, known as a provider, monitors the recipients behavior and intervenes to prevent harm from injuries, hazards, or accidents. IHSS Providers: How to Become an IHSS Provider How to Appeal if You are Denied IHSS Provider Resources IHSS Timesheet Issues/Questions: IHSS Provider For any other reason necessary to prevent the abuse of discretion or an error of law. After your testimony, the countys hearing representative is allowed to cross-examine you. Instead, the applicant must show a propensity for placing him/herself in danger. If youre a child under age 18, you can get IHSS in different ways. Please contact DRC at (800) 776-5746 if you have any questions about the elimination of IHSS protective supervision proration. %PDF-1.5 To defend the countys position, a county hearing representative will attend the hearing, often accompanied by a county social worker. #H8Z f,##H 3Ny allowed to be the provider or hire another provider. For example: A fully paralyzed person is not capable of putting himself/herself at risk of harm. The recipients doctor will also need to be provided a It can be challenging to secure protective supervision. Exceptions to Protective Supervision Eligibility. You can also request a postponement due to sudden and unexpected emergencies, among other reasons. Services that can be performed in the workplace include meal preparation and cleanup, personal care services (except routine bed baths), and paramedical services. 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. WebProtective Supervision consists of observing recipient behavior and intervening as appropriate in order to safeguard the recipient against injury, hazard, or accident. To be eligible, you must be over 65 years of age, or disabled, or blind. Eligible service providers, including parents, can potentially earn around $4,000 per month, tax-free. WebThe IHSS agency hires your attendants, provides 24-hour back-up services, and has a nurse on staff for supervision. ). - This form is to be completed by the IHSS recipients doctor. WebDisabled children may be eligible for IHSS. endobj 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. The following resources are provided for program recipients/consumers. You are entitled to an interpreter at the hearing, free of charge. Sit in person with the doctor while she fills out the form, while telling her to use your list of dangerous behaviors from your log to write on the form. Get free assistance with your personal care and daily chores from a qualified, IHSS Provider who comes to your home. 2) Protective Supervision Sample Doctors Letter. parent is unavailable to perform shopping or errands essential for the family, search 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 considered to have left employment to care for their child and is ineligible to vocational training program, with unavailability limited to the time of Your caseworker may approve those 20 hours, but if that happens, you will only get 60 hours of IHSS at home. How do I request a rehearing for Protective Supervision? Client Development Evaluation Report (CDER): This is a document created by the Regional Center. 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At Furnel, Inc. our goal is to find new ways to support our customers with innovative design concepts thus reducing costs and increasing product quality and reliability. At any point during the hearing, the administrative law judge may question the parties. be a provider. endobj A completed Health Care Certification (SOC 873) must be received by the county prior to authorization of services. Application for In-Home Supportive Services. You or your authorized representative will be given an opportunity to cross-examine the county social worker. 4 0 obj The minor must also: However, CDSS interpretation that nonself-directing is a separate eligibility requirement seemingly has no legal basis. be nonself-directing due to a mental impairment or mental illness; be likely to engage in potentially dangerous activity; and. In a two-parent household, a parent is an eligible laid off for a reason other than the need to care for their child is not If approved for IHSS, you must hire someone (your individual provider) to perform the authorized services. recipients reaches the maximum number of IHSS work hours, the family can hire a 2) Protective Supervision Sample Doctors Letter. However, in a situation where the child also knows how to turn the hot stove on by himself/herself, so that the child touches the hot stove at frequent, random times, then this dangerous behavior would likely satisfy the 24-hour-a-day requirement. mentally unable to provide IHSS services; 4) the parent is unavailable because Contact PASC at (877) 565-4477 or visit their website. non-parent IHSS provider or a second parent in the household for their child. 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. The countys social worker will explain his/her assessment and seek to justify the countys denial of protective supervision. 1-(800)-722-0432, Copyright 2023 California Department of Social Services, Functional Index Rankings and Hourly Task Guidelines, IHSS Protective Supervision for Adults (PUB 521), IHSS Protecitve Supervision for Minor Children (PUB 522), Translated versions in Armenian, Chinese, and Spanish will be posted at, Finding, Interviewing, and Hiring a Provider -, IHSS Recipient and Provider Job Agreement -, Blind and Visually Impaired Accommodations -. If youre interested in hiring an attorney but dont want to pay the fees unless you win, make sure you find an attorney that offers a contingency fee. PASC operates a Provider Registry and will provide you with referrals to providers. This means that a parent, relative, or other caretaker can potentially earn more than $4,000 a month assisting their loved one at home. After opening statements, the administrative law judge will then likely hear testimony from all relevant witnesses. For parents of a child IHSS recipient who are living PUB 223 (1/04) - So, You Want To Open A Group Home For Children? 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