Calderon

The California Department of Social Services (Department), by its Director Eloise Anderson, respondent below, appeals from a judgment granting a peremptory writ of administrative mandamus ordering the Department to set aside a May 19, 1992 administrative decision denying Jose Calderon (Calderon), petitioner below, benefits for protective supervision services under the In-Home Supportive Services Program (IHSS).

We find the trial court erred in determining Calderon met the eligibility requirements for protective supervision services set forth in the Departments Manual of Policies and Procedures (MPP), section 30-757.17, and interpreted in Marshall v. McMahon (1993) 17 Cal.App.4th 1841 [ 22 Cal.Rptr.2d 220 ]. Accordingly, we reverse the judgment and order the trial court to enter a new and different judgment denying the writ petition.

Factual and Procedural Background

This appeal involves the interpretation of MPP section 30-757.17 and the scope of the protective supervision service offered by California’s IHSS, a state and federally funded program developed to permit persons with disabilities to live safely in their own homes. (Welf. & Inst. Code, § 12300.) Services and…