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Basden v. Wagner, No. C057195

By FindLaw Staff on February 03, 2010 10:19 AM

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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