Do Infants or Toddlers Qualify for IHSS?

Yes—infants and toddlers can qualify for IHSS, but these cases are often misunderstood and frequently denied at first. The key issue is not your child’s age. It’s whether your child requires care and supervision beyond what a typically developing child of the same age needs due to a disability or medical condition.

Here’s how eligibility is determined and what parents should know.

Age Alone Does Not Disqualify a Child

There is no minimum age requirement for IHSS. Counties sometimes imply that very young children are “too young” to qualify, but that is not the legal standard. What matters is whether the child has extraordinary care needs related to a qualifying condition.

The county must compare your child’s needs to those of a non-disabled child of the same age, not to an older child or a generalized idea of parenting.

What Makes a Young Child Eligible

An infant or toddler may qualify for IHSS if they need significantly more care than a typically developing peer. This may include:

• Medical conditions requiring frequent monitoring
• Feeding through a tube or specialized feeding support
• Seizure disorders or breathing issues
• Severe developmental delays
• Sensory processing disorders that create safety risks
• Behaviors that require constant supervision to prevent harm

For very young children, eligibility often depends on how much more intensive the care is, not whether care is needed at all.

Protective Supervision and Young Children

Protective Supervision is one of the most misunderstood areas when it comes to infants and toddlers. While it is more difficult to qualify at very young ages, it is not impossible.

A child may qualify if:

• They have a mental impairment
• They lack danger awareness far beyond age expectations
• They engage in behaviors that place them at risk of serious injury

Counties often deny Protective Supervision by labeling behaviors as “age appropriate.” In reality, the correct question is whether the frequency, intensity, and unpredictability of the behaviors exceed typical developmental norms.

Why These Claims Are Often Denied

Young children’s IHSS cases are commonly denied because:

• The county assumes all caregiving is “normal parenting”
• The child appears young, small, or physically healthy
• The social worker relies on a short observation period
• Parents are not given the chance to fully explain daily safety risks

Denial does not mean your child is ineligible—it often means the county did not properly apply the standard.

What Parents Can Do to Strengthen a Claim

To support eligibility for an infant or toddler, parents should:

• Document daily care tasks and supervision needs
• Track behaviors that pose safety risks
• Obtain medical or developmental evaluations
• Clearly explain how care exceeds typical age-based needs

Specific examples are far more persuasive than general descriptions.

The Bottom Line

Infants and toddlers can qualify for IHSS when they have disabilities that require care beyond what is typical for their age. These cases are challenging, but eligibility is absolutely possible when the correct legal standard is applied.

If your child was denied solely because of age, that decision may be incorrect and worth challenging.

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].