IHSS protective supervision denied or removed?

01 · Your next-step guide

First, save the notice and separate the dates

Keep every page of the notice, including the hearing-rights pages, and the envelope it arrived in. Photograph or scan a readable copy for your private records. CDSS recommends keeping the envelope because it can help establish when a notice was received. CDSS hearing information

Write down these dates separately:

• The date printed on the notice and any mailing date.
• The date you actually received it.
• The effective date when the county says services will change.
• The date you requested a hearing, if you have already done so.

Do not replace an unfamiliar date with a guess. Mark it as a question to confirm with State Hearings. A date written on an organizer is a record of what you found, rather than a determination that a filing is timely.

02 · Your next-step guide

Read the decision one line at a time

Complete a short decision summary. Give each disputed service its own line if the notice addresses more than protective supervision.

Distinguish removal of protective supervision from termination of all IHSS services. The summary’s purpose is to identify the decision you want reviewed.

If you were told about a change by phone or cannot find the written notice, ask the county for the notice and contact State Hearings promptly. Record who told you what, and when. Do not assume the absence of a paper in your folder means there is nothing to address.

03 · Your next-step guide

Initial denial and removal of existing services need different questions

For an initial denial, identify the application or service the county refused and the reason given. If you disagree, the hearing route is available. A request to continue existing aid does not itself approve a new application, add a previously denied service or award extra hours. That distinction follows from the continuation rule, which preserves existing aid. CDSS State Hearings rules, section 22-072.5

For a reduction or termination of already-authorized services, place the previous authorization beside the new notice. Ask two separate questions: “How do I challenge this decision?” and “What do I need to do to request continued services while it is reviewed?”

Make the action and existing authorization clear when contacting the county or State Hearings.

04 · Your next-step guide

Two timing questions to address promptly

The ordinary hearing-request deadline

The official IHSS hearing-rights form describes an ordinary 90-day period beginning the day after the county gives or mails the notice. A county conference is optional and does not replace the hearing request. Use the notice’s instructions and ask State Hearings to confirm the timing for your situation. Official IHSS hearing-rights form

The earlier date that can matter for continued services

When existing IHSS services will be reduced or ended, request a hearing before the action’s effective date and ask about Aid Paid Pending, the rule for continuing existing services during the dispute. The IHSS hearing-rights form explains that a request before the action takes place preserves services pending the hearing. Confirm how continuation applies to your notice. Official IHSS hearing-rights form

Do not treat the ordinary 90-day period as permission to wait past an earlier effective date. Keep the hearing-request confirmation and any response about continued services as separate records.

If a date has passed or the notice is missing

Act promptly anyway. Explain the delay and any late, missing, inadequate or language-related notice problem to State Hearings. California law allows some late requests for good cause. California Welfare and Institutions Code section 10951

Separate rules address required notices that were not adequately provided. These provisions have conditions and require official review. The organizer does not decide whether a request is timely or services should continue. CDSS rules, section 22-009

This page concerns county IHSS service decisions. Other programs, including some Medi-Cal appeals, have different procedures; use the instructions for the action actually being challenged.

Original ASF resource

Keep your notice and next steps in one organizer

Print the three-page worksheet and complete it privately. It separates your notice dates, records, contact attempts and confirmed next steps. You do not need a completed worksheet before requesting a hearing.

05 · Your next-step guide

Build a document packet around the county's reason

Once the timing is addressed, organize what you have into four groups with a clear index.

1. Decision records: the new notice, envelope and previous authorization, if any.
2. County assessment records: the relevant assessment, worker observations and documents used for the decision.
3. Information about current needs: relevant existing medical information, protective-supervision documentation and firsthand observations.
4. Process records: hearing confirmation, contact log and instructions received from the county or State Hearings.

Ask the county how to inspect your own IHSS case record and obtain copies of the relevant documents. CDSS instructs counties to provide access to nonprivileged, nonconfidential records; some material may be withheld or redacted. You do not need to make a Public Records Act request to inspect your own case record. CDSS All County Letter 18-52

If you are helping someone else, ask what authorization is needed to access their records. Keep the recipient involved as appropriate, and share only through authorized channels.

For a reassessment dispute, comparing old and new assessment records can help you identify what changed. DRC’s current fair-hearing guide recommends reviewing both sets and the worker’s notes. DRC IHSS fair-hearing guide

Create a working table like this, using only the actual facts of your case:

These prompts do not establish eligibility. Keep relevant facts, including those you agree with, to explain the actual dispute accurately.

For protective supervision, describe observed behavior accurately

A diagnosis alone does not explain every protective-supervision need. Relevant documentation can describe hazardous behavior, the risk of accidental harm and the caregiver’s interventions. DRC discusses logs that include prevented incidents as well as injuries. DRC protective-supervision guidance

Record dates, what someone actually observed and what the caregiver did. Separate a firsthand observation from something another person reported. Do not invent incidents, exaggerate frequency or remove supervision to demonstrate danger. If a note was written later from memory, identify it as a later recollection.

Keep completed notices, medical records and worksheets privately. Share relevant copies through an appropriate county, State Hearings or professional channel; do not post them publicly. This guide and its blank organizer do not collect your case details.

06 · Your next-step guide

Prepare a short conversation checklist

Before calling, put the notice and your date list within reach. Choose the questions that fit your situation:

• Which decision and service does this notice address?
• How do I submit and confirm my hearing request?
• Does the effective date affect a request for Aid Paid Pending in my case?
• How do I inspect the relevant case records?
• Who is the county contact for this dispute?
• How do I request language assistance or another needed accommodation?

The current CDSS page provides online, phone and written request routes, and explains how to identify the disputed action and request language assistance. Follow its current instructions, keep a copy of what you submit and retain any confirmation. Official hearing-request instructions

After each contact, record the date, office, person’s name or role, what you asked, what they said and the next action. If no one answers, record the attempt without treating it as a completed filing. Follow up through an official request route when needed.

07 · Your next-step guide

After requesting a hearing, keep the packet current

Read State Hearings correspondence promptly. Record the hearing date and instructions, along with any county communications or changes in needs while the dispute is pending.

Before the hearing, ask for the county’s Statement of Position. DRC explains that it should be available at least two business days before the scheduled hearing; it sets out the county’s facts, rules and evidence. Compare it with your notice and document index. Flag a factual disagreement with a reference to the relevant record. DRC IHSS fair-hearing guide

If the county offers an agreement and asks you to withdraw the hearing, understand the written terms before deciding. A withdrawal and a conditional withdrawal have different consequences. Seek legal advice if the terms are unclear. DRC’s explanation of hearing withdrawals

08 · Your next-step guide

Find the right help for the next step

Official filing and hearing questions: Contact the CDSS State Hearings Division. For county case records or explanations, use the contact on your notice or the CDSS county IHSS office directory.

Individual legal questions: Disability Rights California’s Get Help page lists (800) 776-5746. DRC may provide information, referrals or assistance; it cannot represent everyone who contacts it. You can also ask a local legal-aid organization about its intake criteria.

Free navigation from All Seniors Foundation: We help California seniors and caregivers navigate IHSS information and next steps. Call (818) 581-4101 or use the existing Help With IHSS request form. The county determines IHSS eligibility and authorized services; the state hearing process reviews disputed decisions. ASF navigation does not guarantee approval, restored hours or legal representation.

A form submission requests contact. It does not confirm an appointment or file a hearing. For case-specific deadlines and rights, use State Hearings and qualified legal help while you organize your records.

09 · Your next-step guide

Quick questions

Can the county end protective supervision?

Yes. A county decision can remove protective supervision; if you disagree, you can use the hearing process to challenge it. Read the reason and dates on the notice promptly. DRC protective-supervision guidance

Does calling ASF file my hearing request?

No. ASF provides navigation help. Submit the hearing request through an official CDSS route and keep its confirmation. An ASF form or callback request is separate.

Do I need a finished document packet before requesting a hearing?

Address the filing deadline first. Follow State Hearings’ request instructions, then organize and provide supporting records as instructed. Do not wait for every document or a callback to address the deadline.

For eligibility and assessment preparation, use the adult protective-supervision guide. This page and its organizer focus on what to do after a written decision.