By Josh Richman
Thursday, December 1st, 2011 at 5:23 pm in state budget.
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.”