California Department of Social Services - State Hearings Division
Notes from the Training Bureau - May 3, 1999

Reference: Garrett v. Anderson; Lam v. Anderson

Pursuant to a settlement in the Garrett and Lam cases, counties were instructed to always assess an IHSS eligible minor for mental functioning. This ACL cites several steps that counties must follow in assessing a minor’s mental functioning. In assessing the minor’s need for protective supervision, if the minor has a mental impairment the county must:

Request the parent or guardian obtain available information or documentation about the minor’s mental impairment, including records from regional centers;

Determine whether a minor needs more supervision because of his/her mental impairment than a minor of the same age without such impairment;

Not deny protective supervision based solely on the minor’s age;

Not deny protective supervision based solely on the fact that the minor had no injuries at home due to the mental impairment so long as the minor has the potential for injury by having the physical ability to move about the house (i.e. is not bedridden);

Not deny protective supervision solely because the parent (or guardian) leaves the child alone for some fixed period, like five minutes;

Consider factors such as age, lack of injuries and parental absence, together with all other facts, in determining whether a minor needs protective supervision.