DPSS ePolicy

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To release a new policy. 

To provide In-Home Supportive Services (IHSS) Program staff with information and instructions when issuing payments to IHSS Program recipients based on Decisions Pursuant to Court Order (DPCO). 

When IHSS applicants and recipients receive a notice of action (NOA) from the County denying, terminating, reducing their IHSS benefits, or any other action, they have the right to: 

1.  Ask for a conference with the County to get an explanation of action(s) taken; and/or
   
   
2. Request a State Hearing within 90 days from the day the County mailed the notice if they disagree with the County's action. 

The County is mandated to inform IHSS applicants and recipients of their hearing rights and to provide written instructions on the back of all notices on how to file for a State Hearing. IHSS applicants and recipients can represent themselves or ask someone else (a lawyer, friend, relative, etc.) to be their Authorized Representative (AR) during the hearing process. 

IHSS staff must take immediate action when a State Hearing Decision or DPCO is received. These decisions are time-sensitive and must be addressed promptly to meet deadlines. 

An Administrative Law Judge renders a decision after a State Hearing is held. If IHSS applicants or recipients disagree with the State Hearing Decision, they can request a rehearing. After the rehearing process is completed, another decision is rendered. 

If the applicants or recipients still disagree with the rehearing outcome, they have the right to file a petition with the Superior Court to challenge the State Hearing Decision. They have one year to file the petition with the Superior Court from the date they receive the original State Hearing Decision. 

After the hearing is held, the Superior Court renders a decision that is sent to the California Department of Social Services (CDSS). The Superior Court decision may overrule the prior State Hearing Decision and provide instructions for CDSS to take corrective action(s). 

CDSS in turn issues a DPCO giving the County specific instructions to comply with the Superior Court Decision. The DPCO includes but is not limited to assessing IHSS retroactive benefits and issuing unpaid back wages and interest. 

State Hearing

Hearing process intended to resolve disputes of applicants or recipients of public social services in an impartial, independent, fair, and timely manner, ensuring that due process is met in accordance with federal and State law. 

Superior Court

State trial court with general jurisdiction to hear and decide any civil or criminal action which is not specially designated to be heard in some other court or before a governmental agency. An IHSS recipient or his/her AR may file a petition with the Superior Court to contest a State Hearing Decision. 

DPCO

Decision Pursuant to Court Order - Administrative decision issued by CDSS instructing the County to take appropriate corrective measures to comply with a Superior Court ruling which overrules a prior State Hearing Decision. 

Petitioner

The person presenting a petition to a court or other body to institute an equity hearing or to appeal a judgement. A petitioner may be an IHSS recipient or his/her AR. 

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