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Judge issues temporary order to halt IHSS cuts

A federal judge in Oakland has issued a temporary restraining order to keep California from implementing a 20 percent across-the-board cut in the In-Home Supportive Services program on Jan. 1.

IHSS is meant as an alternative to nursing homes or other out-of-home institutionalization for the elderly, disabled and blind. The deep cut was part of the state budget deal passed earlier this year.

But U.S. District Judge Claudia Wilken found that the planned cut “will cause immediate and irreparable harm by placing members of the plaintiff class at imminent and serious risk of harm to their health and safety, as well as unnecessary and unwanted out-of-home placement including institutionalization.”

The order gives a coalition of disability rights and senior-citizen advocacy groups, plus labor unions representing IHSS workers, more time to make a case to overturn the cut completely. A hearing on a preliminary injunction in the case is scheduled for Dec. 15.

The TRO will remain in effect until there is a hearing in which the Court will decide whether to grant a preliminary injunction. This hearing is tentatively scheduled for December 15th.

“We are pleased that Judge Wilken recognized the urgency of preventing the state from moving ahead with this devastating cut that would affect nearly 400,000 elderly and disabled Californians,” Doug Moore, executive director of the 65,000-member UDW Homecare Providers Union and an international vice president of AFSCME, said in a news release. “We believe these cuts to IHSS would violate the Americans with Disabilities Act and other laws and need to be stopped immediately.”

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.