Limitations for Parents as IHSS Providers

For families caring for a loved one with disabilities or special needs, California’s In-Home Supportive Services (IHSS)program can be a lifeline. It allows individuals who qualify to receive paid assistance with daily activities while continuing to live safely at home. In some cases, a parent can become the IHSS provider for their child. But many parents understandably ask: Are there any limitations if the parent becomes the IHSS provider?

The short answer is: Yes, there are some important limitations. These are mainly in place to ensure the system supports both the care recipient and the provider fairly and legally.

Let’s break them down.

1. Eligibility Requirements Must Be Met

A parent can’t automatically become an IHSS provider just because they are related. To qualify:

• The child must be a minor (under 18) who is eligible for IHSS.
• The child must require constant care or supervision to remain safely at home.
• The parent must prove that no other suitable provider is available or willing to provide the care.
• For two-parent households, both parents must demonstrate they are either working, attending school, physically or mentally unable to provide care, or otherwise unavailable—unless one parent is already the primary caregiver.

2. You May Not Be Paid for All the Time You Provide Care

IHSS limits the number of authorized hours based on a needs assessment. Even if a parent provides 24/7 care, IHSS will only pay for the hours they approve.

For example:

• You may be authorized for 120 hours per month, but that doesn’t mean you’ll be paid for every hour you spend with your child.
• Nighttime supervision or medical-related tasks (like administering medication) might not be covered unless deemed necessary by the county.

3. Restrictions on Working Outside the Home

If a parent becomes the full-time IHSS provider, there are limitations. It can even eliminate opportunities to hold a job outside the home. IHSS pay is modest and may not fully replace an external income, so it’s important to weigh the financial implications.

4. Tax Considerations

The IRS currently allows income earned by a parent as an IHSS provider to be excluded from taxable income if the care is provided in the parent’s home and the recipient is their child. While this is a financial benefit, it can affect eligibility for certain tax credits or loans, since that income won’t appear on W-2s or tax returns in the usual way.

5. Possible Limits on Respite or Supplemental Services

Some families also qualify for additional programs, like respite care through Regional Centers. However, being a paid IHSS provider may sometimes affect what other services are available or how they are coordinated, depending on the child’s plan.

6. Need for Ongoing Documentation and Reassessments

IHSS services are not permanent or automatic. Counties reassess eligibility and care needs regularly (often annually). As a parent-provider, you must:

• Keep accurate timesheets.
• Follow rules about reporting hours.
• Cooperate with social workers during reassessments.

Conclusion

Being a parent and an IHSS provider can be a practical and compassionate way to care for your child while receiving some financial support. But it comes with its own set of rules and limitations. If you’re considering becoming an IHSS provider for your child, it’s wise to:

• Consult with a social worker or IHSS advocate.
• Understand your local county’s policies.
• Plan carefully for the financial and emotional realities of caregiving.

With the right information and support, many families find this arrangement both sustainable and rewarding.

Need help? In California, the In-Home Supportive Services (IHSS) program provides crucial financial help for families raising children with special needs. American Advocacy Group is on the front lines every day, making positive change happen for people diagnosed with autism, Down syndrome, and a range of diagnoses across the continuum. As a leading advocate for all people with intellectual and developmental disabilities and their families, and the premier provider of the support and services people want and need, we understand the system and know how to take action regarding your best interests.

CONTACT US FOR HELP. Dial (877) 762-0702 or email us at [email protected].