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California Court of Appeal


Basden v. Wagner, C057195

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.

Appellate Information

  • Decided 02/02/2010
  • Published 02/02/2010

Judges

  • NICHOLSON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Charles Wolfinger for Plaintiff and Appellant.

  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Douglas M. Press, Assistant Attorney General, Susan E. Slager and Mateo Muñoz, Deputy Attorneys General, for Defendant and Respondent.
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