An Alameda County judge has stopped the state from disqualifying people with felony records from being in-home care workers, the third judicial setback for Governor Arnold Schwarzenegger’s attempt to scale back the program that provides domestic help for 462,000 low-income elderly and disabled Californians. Superior Court Judge Frank Roesch issued a temporary restraining order November 24, 2009, that halted enforcement of the restrictions at least until January 29, 2010, when he holds a hearing on a longer-lasting preliminary injunction.
Schwarzenegger had put the new rules into effect November 1, 2009. They were challenged by seven in-home care providers who cited a state law that bans workers from the program if they had been convicted of a specific felony—involving fraud against a government program or child or elder abuse—in the previous 10 years. The governor’s regulation, however, goes further, barring anyone who has been convicted of any felony, or of misdemeanors involving child abuse, from working in the program.
Roesch told lawyers during the hearing that the plaintiffs were likely to prove that the state lacked legal authority for Schwarzenegger’s restrictions.
The In-Home Supportive Services program provides care to the blind and disabled and those older than 65 who need help with daily tasks to live at home. The federal government pays about 60 percent of the cost. Schwarzenegger has said there is widespread fraud and abuse in the program and has ordered background checks for workers and fingerprinting for workers and recipients.
In June, U.D. District Judge Claudia Wilken rejected the state’s attempt to cut $2 an hour from in-home workers’ wages, now $10 to $12 an hour in most counties. Wilken blocked a second cost-cutting measure in October, which would have eliminated home care for 36,000 people and reduced services for 97,000.
Berman & Riedel, LLP is a San Diego based elder abuse and neglect law firm that represents clients throughout the state of California. If you have any questions or concerns regarding the care an elderly loved one is receiving in a nursing home or other type of elder care facility, call Berman & Riedel, LLP today at (858) 350-8855. Our staff will happily provide you and your family with an initial free consultation to discuss with you the rights you may have under California and federal law, and what monetary awards you and your family may be entitled to. To learn more about the firm’s elder abuse attorneys, past settlements and awards, and types of cases handled, visit www.preventelderabuse.com. For more information on how to report incidents of elder abuse and neglect with the state, visit www.reportelderabuse.com.
