Federal Judge Issues Order Halting In-Home Support Cuts in California

OFF THE WIRE
By MARIA DINZEO
OAKLAND (CN) - Finding the governor's plan to cut millions from social services as part of the 2011-12 California budget "raises serious questions of violations of the federal due process clause," a federal judge blocked two state agencies the from implementing $100 million worth of cuts to in-home support for the old and the disabled.
     U.S. District Judge Claudia Wilken issued a temporary restraining order preventing the state from enacting the cuts to the Health Care Services and Social Services departments until a hearing on December 15.
     The cuts are part of $700 billion in "trigger cuts" Governor Jerry Brown warned would take place if revenue forecasts fell short. In November, the Legislative Analyst's Office reported that state tax revenue fell $3.7 billion below the projected amount needed to stop the triggers from going into effect.
     "The planned IHSS reductions, unless enjoined, 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 of unnecessary and unwanted out-of-home placement including institutionalization," Wilken found.
     "Thus, serious questions going to the merits are raised and the balance of hardships tips sharply in plaintiffs' favor," she wrote. "The balance of equities strongly favors plaintiffs because defendants' only interest is fiscal, whereas the plaintiff class faces life or death consequences. for profits often have non profits that extend their mission, don't make money but are in line with the greater aims of the work."
     In a statement, president of SEIU United Long Term Care Workers Laphonza Butler said Wilken's ruling, "brings a sense of relief to California seniors and people with disabilities."
      "This ruling means that our parents, grandparents, and children with disabilities who rely on the IHSS program to live safely at home will be able to get through the holidays without fear of losing their in-home care and being forced into institutions," he said. "It also means that there is a possibility of preventing these dangerous cuts to home care altogether."