Basden v. Wagner, No. C057195

By FindLaw Staff on February 03, 2010 | Last updated on March 21, 2019

Denial of petitioner's request for extraordinary relief, wherein the trial court agreed with the director of the state Department of Social Services that plaintiff was not entitled to any IHSS-funded in-home service provided by her mother is reversed as Welfare & Institutions Code section 12300(e)'s reference to full-time employee does not include providing in-home, full-time, IHSS funded care by a parent to a child so as to bar the parent from being compensated for providing in-home, full-time, IHSS-funded care to another of her children, and to interpret the statute otherwise would frustrate the IHSS programs' very purpose. 

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Appellate Information

Filed February 1, 2010


Opinion by Judge Nicholson

For Appellant:   Charles Wolfinger

For Appellee:  Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Susan E. Slager and Mateo Muñoz, Deputy Attorneys General

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