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Inclusion Daily Express

October 19, 2009

Judge's ruling a victory for Californians with disabilities

OAKLAND, CALIFORNIA-- [Excerpt] A federal judge has halted a slashing of the In-Home Supportive Service program which would have affected 130,000 disabled and elderly Californians starting Nov. 1.

U.S. District Judge Claudia Wilken issued the preliminary injunction at the end of a two-hour hearing Monday. She ruled that a written notice she had stopped the state from sending out last week would have been constitutionally inadequate, too hard to understand, and giving too little time for appeals. She also ruled the plaintiffs -- advocates for disabled and elderly Californians, along with several labor unions -- are likely to be able to prove at trial that the state was using inadequate standards to determine whose services would be cut.

IHSS workers help people with tasks such as meal preparation, food shopping, cleaning and assistance to medical appointments so they can stay in their own homes rather than require costly institutionalization. The plaintiffs say the state's cuts would have meant 40,000 Californians losing services entirely, and 90,000 more seeing their services significantly reduced.

Disability Rights California senior counsel Melinda Bird, representing the elderly and disabled plaintiffs, argued the state can do more. Wilken ordered Bird to file more court papers by noon today to explain this, and she ordered Carson to respond by noon Wednesday before she issues a written order detailing how the cuts must be halted.

Entire article:
Federal judge halts IHSS cuts
http://www.insidebayarea.com/oaklandtribune/localnews/ci_13595101
Related:
Disability Rights California
http://www.disabilityrightsca.org