Welf. & Inst. Code, § 12304 · Article 7. In-Home Supportive Services
Welf. & Inst. Code, § 12304
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) An individual who is eligible for services subject to the maximum amount specified in subdivision (b) of Section 12303.4 and who is capable of handling his or her own financial and legal affairs shall be given the option of hiring and paying his or her own provider of in-home supportive services. For this purpose the individual shall be entitled to receive a monthly cash payment in advance not to exceed an amount to reimburse providers for the maximum amount of hours specified in subdivision (b) of Section 12303.4, which is in addition to his or her grant, if any. An individual who is not capable of handling his or her own financial and legal affairs shall be entitled to receive the cash payment through his or her guardian, conservator, or protective payee.
(b) In no event shall the maximum total cost for services and advance cash payment for one individual recipient under subdivision (b) of Section 12303.4 and subdivision (a) exceed an amount to reimburse providers for the maximum hours specified in subdivision (b) of Section 12303.4.
(c) The county welfare department shall inform in writing any individual who is potentially eligible for services under this section of his or her right to the services.
(d) For purposes of subdivision (b) of Section 12303.4, a recipient who is eligible for services subject to the maximum amount specified in subdivision (b) of Section 12303.4 is one who requires in-home supportive care of at least 20 hours per week to carry out any or all of the following:
(1) Routine bodily functions, such as bowel and bladder care and respiration assistance.
(2) Dressing, oral hygiene, and grooming.
(3) Preparation and consumption of food and meal cleanup for individuals who require assistance with the preparation and consumption of food.
(4) Moving into and out of bed, other assistance in transferring, turning in bed, and other repositioning.
(5) Bathing, routine bed baths, and washing.
(6) Ambulation and care and assistance with prostheses.
(7) Rubbing of skin to promote circulation.
(8) Paramedical services.
(9) Any other function of daily living as determined by the director.
This determination of need shall be supported by a medical report when requested and shall be prepared at the expense of the State Department of Social Services.
Notes and commentary — not statutory text
History
Amended (as amended by Stats. 1991, Ch. 96, Sec. 6) by Stats. 1992, Ch. 722, Sec. 57. Effective September 15, 1992.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=12304.
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Welfare and Institutions Code
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