Basden

—A state administrative agency’s nonsensical interpretation of the statute here at issue, and the harm it causes people, illustrates why courts do not always defer to an agency’s interpretation.

Since 1999, plaintiff Michelle A. Basden, a disabled adult, received medical and personal care in her home through the In-Home Supportive Services program (IHSS). IHSS is a state social welfare program designed to avoid institutionalization of incapacitated persons. It provides supportive services to aged, blind, or disabled persons who cannot perform the services themselves and who cannot safely remain in their homes unless the services are provided to them. The program compensates persons who provide the services to a qualifying incapacitated person.

Plaintiff’s mother provided care to plaintiff and was compensated for it under the IHSS program. The bulk of plaintiff’s care consisted of protective supervision.

At the same time plaintiff’s mother provided care to plaintiff, she also provided care to plaintiff’s brother, Andrew, who also was a disabled adult who lived at the home. The IHSS program compensated plaintiff’s mother for the care she gave to Andrew.

Upon moving to a…