IHSS Caregiver Restrictions

When applying for In-Home Supportive Services (IHSS), one of the most important decisions families face is choosing the right caregiver. Many people wonder: are there any restrictions on who can provide IHSS care? The answer is yes—there are specific eligibility requirements and limitations that determine who can serve as a paid IHSS caregiver.

Who Can Be an IHSS Caregiver?

IHSS allows recipients to choose their own caregivers. This flexibility means that family members, friends, or others who are trusted and willing to help can often be paid for providing care. Many parents, adult children, siblings, and even neighbors serve as IHSS caregivers.

However, certain rules apply depending on the relationship and legal responsibility of the caregiver.

Key Restrictions for IHSS Caregivers

1. Legal Responsibility and Age

• Parents of minor children (under 18) may be restricted from being paid IHSS providers if another adult is available in the home and can provide care. However, exceptions can be made when:
  • The parent is the only one available to provide care due to employment or disability.
  • The child requires protective supervision or constant care beyond typical parenting.
• Spouses can also be IHSS providers, but only if:
  • No other suitable provider is available.
  • The spouse leaves employment or is prevented from working due to caregiving responsibilities.
• Caregivers must be 18 or older. Minors cannot be paid IHSS providers.

2. Background Check Requirements

All IHSS providers must undergo a criminal background check through the California Department of Justice. Certain felony convictions—especially those related to elder abuse, child abuse, or fraud—may disqualify someone from being a provider. In some cases, individuals with a criminal record may request an exemption, but this is not guaranteed.

3. Enrollment and Training Requirements

To become an IHSS caregiver, individuals must complete a formal provider enrollment process, which includes:

• Filling out an application and provider enrollment form.
• Attending an in-person orientation conducted by the local county IHSS office.
• Submitting fingerprints for a background check.
• Signing a Provider Enrollment Agreement acknowledging IHSS rules and responsibilities.

4. Documentation and Payment

Caregivers must:

• Track hours and tasks completed through electronic timesheets.
• Ensure they are not exceeding the maximum number of authorized hours.
• Stay within IHSS rules, including limits on overtime or providing services not covered by the program.

Can Non-Family Members Be IHSS Caregivers?

Yes. Caregivers do not need to be family members. Anyone who passes the required background check and completes the provider enrollment process can be an IHSS caregiver, provided the recipient chooses them and their services are approved.

Final Thoughts

While IHSS offers flexibility in who can provide care, there are clear rules to ensure the safety, legality, and effectiveness of the program. Families considering becoming providers—especially parents or spouses—should speak directly with their county IHSS office to understand the specific qualifications and restrictions that may apply.

By following the guidelines and completing the proper steps, many families are able to care for their loved ones at home while receiving essential financial support through IHSS.

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].