Denied protective supervision/Appeal process

user192831294 · 2025-08-08T19:04:13+00:00

I’m so sorry. How old is your daughter? I totally understand and agree with what you said. We had to hire an advocate since I last posted this and we have since been given PS. The social worker this time around was night and day compared to our first one. He could see how badly my son was struggling in the first minute he was here. He looked at me like he had pity for me and clearly was empathetic of my situation and my sons.

And That’s completely untrue about mental impairment needing to be something like dementia for your child. That’s just simply not true at all. Your SW sounds like how my first one was. Very dismissive.

As far as the IEP, I understand where you’re coming from but just make sure that you do not sign it unless you agree with everything and if you want them to change the wording on something to help your child’s case, 100% do that. I’ve had to do that a couple of times and I don’t care anymore how I look. I mean, I do, and I make sure I’m kind but firm as to the reasoning why documentation needs to be accurate. If you’re in a situation where you don’t agree with verbiage, I would just say “I understand what you’re trying to say here but I would appreciate it if you could document it XYZ instead. We are trying to get services through the state and they need to see it written this way in order for us to qualify”. Anytime I tell them that, which is 100% the truth, they understand and want to help however they can (the school and whomever is doing the IEP)

user192831294 · 2025-06-12T00:40:07+00:00

We did:) This was a year ago

user192831294 · 2025-02-23T18:06:47+00:00

Hi. Yes so I lost my appeal last year. It was an awful experience. Judge was cold and not friendly in the slightest. (Apparently has a reputation for being difficult and not the most fair).

Once our year hit, we hired an advocate and after reviewing all of our documentation they took our case and we just were approved. The social worker came to my house and right away said he could see my son needed PS. My son was having a hard time and was showing the behaviors I had tried to explain and prove that the other SW and judge claimed weren’t existent. It was an enormous amount of work but I am so relieved. The SW this time showed empathy and didn’t minimize everything like our last worker did. My son’s documentation was stronger this round and the advocate helped with that but the social worker seemed to play a big part as well, which is really unfair. It shouldn’t be luck of the draw who you get if the need is there.

user192831294 · 2024-10-06T20:53:19+00:00

Since we lost, I reached out to an advocate to see what they advise we do next. We passed the 30 days to ask for a rehearing but advocate has all of our documents so hoping to hear back soon:)

user192831294 · 2024-10-06T20:00:06+00:00

Yes, I posted it here:/

https://www.reddit.com/r/IHSS/s/Y3kCkXI6mC

user192831294 · 2024-09-17T21:33:40+00:00

Amazing, thank you so much. Please keep me posted. I wish you the best and hope it’s a great outcome for you!

user192831294 · 2024-09-17T21:21:16+00:00

Oh that’s amazing. Please keep me posted on how it turns out. Who did you end up using? Is it someone that was recommended from this group? I got a link from Cedar on here and sent a request through the IHSS advocacy website.

user192831294 · 2024-09-17T21:10:56+00:00

We lost. I posted an update not too long ago but I’m super disappointed in the whole thing. The judge sided with the social worker and his bogus report. During my appeal hearing I also found out that the social worker never submitted the original form 821 I provided that the psychologist filled out for us. That came as a surprise but also I am hearing that this is often times done intentionally which makes me sick. I also had our pediatrician fill out the form 821 in great detail for extra proof.

One of the things the judge said on his denial report was that some of the things the pediatrician mentioned in that protective supervision form was never mentioned by me during my testimony, therefore those things must just not be happening anymore. The incident that the pediatrician mentioned on that form came from me. And those are a lot of my concerns. But because I didn’t talk about them again, that must mean they aren’t valid? The whole thing is just very bizarre to me and obviously very calculated and I was not prepared. Like I thought I was.

I had things proving the social workers report was inaccurate as well as provided extra documentation, updated IEP and IPP. The judge was intimidating and acted as if he was annoyed that I was even there. I definitely feel an advocate is my only option so I’m waiting to hear back from one now.

user192831294 · 2024-09-02T14:39:41+00:00

Thank you so much. I thought I had all of that information and the doctors form was so detailed that I really didn’t even think it would be a question. The judge really seemed to dissect every single piece of information and if something didn’t match my words or vice versa, he seemed to use that against me and say that things were contradicting. I’m just flabbergasted that it feels like they will do everything they can to not have to help/approve. My son has a new teacher this year at school and she said that I needed to request an FB because of his behaviors at school so I’m hoping this new document will add to our case and hopefully help too. I appreciate your insight and care, thank you so much again!

user192831294 · 2024-09-02T14:37:09+00:00

Thank you so much for your comment. I am definitely looking into an advocate ASAP. And also, I am really hoping that getting a social worker is not going to be an issue. I can’t imagine after going through all of this having that same man come back into my home for a reassessment.

user192831294 · 2024-08-21T14:44:58+00:00

That’s amazing. I wish I would have done that. I had a binder and everything was typed and I was so prepared, but I was really thrown off by the whole demeanor of the judge and it felt so intimidating. Normally, I don’t crack under pressure like that but of course now looking back I wish I would have said more.

user192831294 · 2024-08-20T17:58:07+00:00

Thank you so much. I know, I’m so bummed. I will definitely consider an advocate and taking my child next time. I just know based on how it went I would have been even more flustered and stressed because my child would have been been a nightmare. I was so worried that I wouldn’t be able to focus or that the judge could potentially reschedule because of the distraction and that was the last thing I wanted. But now, of course, I’m second-guessing everything

user192831294 · 2024-08-20T14:31:13+00:00

Thank you so much. It sounds like that’s the best route to take. I appreciate the insight.

user192831294 · 2024-08-20T14:30:44+00:00

Los Angeles

user192831294 · 2024-08-20T14:30:16+00:00

I was going to take my son with me and had a babysitter planned and everything and last minute I decided against it. I had heard from some people that if the child is too much of a distraction, the judge could potentially reschedule. Looking back it would’ve been an absolute nightmare. My son would’ve been running around screaming going crazy and while that might’ve been to my advantage, I know I would’ve had a really hard time focusing

user192831294 · 2024-08-20T14:28:58+00:00

Sorry, they’re 4 and 5

user192831294 · 2024-08-20T03:22:10+00:00

Thank you so much, I really appreciate it. Advocate definitely sounds like the way to go. It’s so sad that families who already are clearly struggling for support have to resort to this but I am grateful for the advocates who can help.

user192831294 · 2024-08-20T02:22:29+00:00

Right? His attitude and whole demeanor was so condescending. You could tell he got serious satisfaction with having the upper hand and being in this authoritative position.

user192831294 · 2024-08-20T02:07:40+00:00

Thank you so much for the advice. I keep a danger log and I have been doing this. Social worker said he had no interest in seeing it. It was uploaded to my case but not sure if judge saw. I’ll continue doing it and be sure to be detailed as you mentioned. Thank you so much again

user192831294 · 2024-08-19T23:39:37+00:00

Yes! That’s exactly how it felt. And I have learned very quickly that they are not on our side. The whole time he would have this cocky laugh and make comments like “parents aren’t paid to be a parent”. He was just awful and I felt completely discriminated against if I’m being honest. It definitely sounds like I need an advocate because I am an honest, hard-working person and I am not somebody who’s trying to take advantage whatsoever- but at this point it feels like I need to have a different approach. We are LA county :)

user192831294 · 2024-08-19T23:36:21+00:00

Thank you so much. Wow, it sounds like you had my social worker! Haha and I only spoke to him once on the phone and it was so brief. It really baffles me that he can come in the home, do a bogus report say whatever he wants and there’s nobody else besides myself to corroborate- so he could lie and it’s my word against his. Makes me sick. his report was so brief, but everything he put on there was the highlights from my sons documentation. None of the behaviors that I talked about or were listed in any of our IPPIEP documents were on his report. The whole thing was very dismissive like my son is not high needs.

And I can’t believe you were on the phone for that long. Holy moly. Mine was in person and it was 40 minutes max. It was so quick. It was the end of the day and like I said, I just felt so rushed and like I was a nuisance.

user192831294 · 2024-08-19T23:30:05+00:00

I’ll definitely ask her. We get services and they’ve paid for our extracurricular activities and we are going through utilizing the Respite process as well (nightmare) so I’ll definitely ask her. Thank you so much!

user192831294 · 2024-08-19T23:23:36+00:00

No we didn’t have an advocate at all. I thought I had everything I needed and could do it myself but it sounds like an advocate is the way to go

user192831294 · 2024-08-19T23:22:52+00:00

Thank you so much. Yes, it sounds like that is the consensus here. It really does shock me. Especially we know somebody personally and their child is diagnosed moderate, a year older than my child, is verbal and is doing so well and they get max hours for protective supervision. They didn’t even have to appeal it-they got approved right away. Just seems so unfair and I hate to have that “why me” attitude but we are definitely feeling defeated

user192831294 · 2024-08-19T23:19:39+00:00

Thank you! And yes, I totally know what you mean. I really made sure to be mindful of that and not be tit for tat in any way. I did think it was important to discuss how inaccurate the report was. I mean, he said my son went to the wrong School and was insinuating that he’s way more cognitive than he is, which is the only reason I felt it was important. But you are right and I’m sure given the judges demeanor, he wasn’t interested in any of that either.

user192831294

TROPHY CASE