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San Diego Office

Perseverance gets results

Claudia Montano’s daughter, Claudia Marcel Diaz, has mental retardation and is a Regional Center client. For years, Ms. Montano had been asking In-Home Supportive Services (IHSS) to provide protective supervision for Ms. Diaz, who is now 27. IHSS denied her request again and again, even though the need was apparent.

Protective supervision means keeping people with severe mental impairments from hurting themselves when they live at home. Counties often use flimsy excuses to deny people the service when they should have it.

To be eligible for protective supervision, a person shows some severe mental impairment, such as poor judgment, confusion, disorientation, or poor memory. Those who are eligible get the maximum number of hours - 283 hours a month for severely impaired or 195 hours a month for less severely impaired - even if the county cuts their hours for some other IHSS service.

Ms. Montano persisted, but with the same results every time. Then she learned about the Office of Client’s Rights Advocacy (OCRA). She asked OCRA to help her appeal a judge's denial of Ms. Diaz’s need for protective supervision. Unfortunately, it was too late to file an appeal.

An advocate/attorney with OCRA advised Ms. Montano to ask for another assessment and again request protective supervision. If the county still refused to award protective supervision, then she could file an appeal.

Once again, the county denied protective supervision. Ms. Montano called OCRA.

With the advocate/attorney’s guidance, Ms. Montano asked for another hearing and gathered all the necessary evidence, including a declaration from Ms. Diaz’s doctors. At the next hearing, armed with the documents Ms. Montano provided, the advocate/attorney convinced the judge to award maximum hours, including protective supervision, for Ms. Diaz.

At an awards ceremony, PAI’s San Diego office honored Claudia Montano for her diligence and perseverance in getting the services she knew her daughter needed.