Court orders Alameda County to complete IHSS assessments before a person is sent home from the hospital

On May 23, 2006, Protection & Advocacy, Inc. (PAI) asked the Alameda County Superior Court to order Alameda County Social Services Agency to immediately process L.F.’s application for In-Home Supportive Services (IHSS) and, in the future, do IHSS assessments in institutions before a person is sent home.

PAI’s client, L.F., had a stroke in December 2005. In February 2006 she applied for IHSS to help her live at home with needed attendant care. L.F. applied for IHSS while she was in the hospital. She was sent home from the hospital without IHSS services because the County did not assess her needs. Even thought the state has regulations that say counties are supposed to process IHSS applications before an individual is sent home from an institution (such as a hospital or nursing facility), the County refused to assess L.F.’s needs while she was in the hospital. In fact, Alameda County does not assess anyone’s needs while they are in an institution.

On June 23, 2006, the Honorable Winifred Y. Smith, Superior Court Judge, granted PAI’s Petition for Peremptory Writ of Mandate. The Court ordered the County:

(1) To process L.F.'s IHSS application and send her a notice of action; and

(2) To stop denying IHSS assessments to individuals in institutions, and to develop a policy to assess individuals while they are in institutions.

According to Fred Nisen, the PAI Staff Attorney who filed the case in court, “This decision will make sure that people with disabilities coming out of hospitals and other care facilities have the attendant care they need so they can live safely in their own home.”