If you work full-time and your child receives In-Home Supportive Services (IHSS), you may wonder whether your job prevents you from becoming your child’s paid IHSS provider.
Under California’s current rules, having a full-time job does not automatically prevent a parent from being the IHSS provider for a minor child.
This is an important change from the old rules.
California eliminated many of the special provider eligibility restrictions that previously applied to parents of minor IHSS recipients. As a result, parents who work outside the home, work from home, or maintain other employment may still be able to serve as their child’s paid IHSS provider, depending on the child’s IHSS program and the circumstances of the case.
For years, California had a rule that created significant problems for working parents.
Under the previous system, a parent generally could only become the paid IHSS provider for a minor child if the parent had left full-time employment or was prevented from obtaining full-time employment because of the child’s care needs and no other suitable provider was available.
“Full-time employment” was generally considered an average of 40 or more hours per week.
That meant a parent working 40 hours per week could often be told they were not eligible to be their child’s paid provider.
California changed that rule through Assembly Bill 120.
In All County Letter 23-106, the California Department of Social Services explained that the state eliminated the provider eligibility requirements that had restricted parents of minor IHSS recipients. The prior rules requiring a parent to leave or be prevented from obtaining full-time employment are no longer applied to qualifying minor IHSS cases.
This means the fact that you have a full-time job, by itself, should no longer automatically disqualify you from becoming your child’s IHSS provider.
Potentially, yes.
Under the current rules, California no longer uses the old requirement that a parent must leave full-time employment or be prevented from working full-time in order to become the provider for a qualifying minor child.
That can make a major difference for families.
For example, a parent might:
The key issue is no longer simply whether you have another job.
The important question is whether you are actually performing the IHSS services and hours you claim.
Having another job does not allow a provider to claim IHSS hours that were not actually worked.
IHSS providers complete timesheets based on the authorized services they actually provide to the recipient. CDSS states that providers are paid based on reported hours worked, and recipients review and approve those timesheets.
For example, suppose you work at an office from 8:00 a.m. until 5:00 p.m.
You generally could not claim that you personally provided an IHSS service to your child at 11:00 a.m. if you were physically at work and someone else was actually providing that care.
But you may potentially provide authorized services before work, after work, overnight, on weekends, or at other times when you are actually performing the services.
The exact situation can become more complicated with services such as protective supervision, particularly when determining who was actually supervising the child during particular periods.
Working from home also does not automatically disqualify you under the current parent-provider rules.
This is another area where parents may find outdated information online.
Under the prior rules, CDSS specifically stated that working 40 or more hours per week from home still counted as full-time employment and could prevent a parent from qualifying as the paid provider.
But those particular parent-provider eligibility requirements were eliminated for qualifying minor recipients under AB 120.
That does not mean every hour that you are home can automatically be claimed as IHSS time.
You still must actually provide the authorized service.
For example, simply being in the same house while working remotely is not necessarily the same thing as providing an authorized IHSS service for every hour you are home.
Yes. This is an important exception.
California IHSS is funded through several different programs, including:
Under the current rules, minor recipients enrolled in CFCO, IPO, or IHSS-R may generally select a parent who successfully completes provider enrollment as their provider.
However, there is still a restriction for children enrolled in the Personal Care Services Program (PCSP).
Federal rules currently prevent a parent from being the paid provider for their minor child under PCSP. CDSS directs counties to consider placing an eligible child who wants a parent provider into CFCO, IPO, or IHSS-R, depending on which program is appropriate for the child.
So if the county tells you that you cannot be your child's provider, it is important to find out why.
The issue may be the child's funding program rather than your employment.
Choosing a parent as the provider should not, by itself, reduce the child's IHSS eligibility.
CDSS currently states that a parent's choice to become the provider does not affect the child's IHSS eligibility, although the provider choice can affect which IHSS subprogram the child is placed in.
The number of IHSS hours a child receives should instead be based on the child's assessed need for authorized IHSS services.
Those services for minors may include certain personal care services, related services, accompaniment to qualifying appointments, protective supervision, and paramedical services.
Ask for clarification.
In particular, ask whether the county is relying on the old parent-provider employment rules.
California's All County Letter 23-106 specifically eliminated the prior requirements that limited parent providers based on whether they had left or were prevented from obtaining full-time employment. Counties were instructed to stop applying those rules to qualifying minor recipients.
You may want to ask:
“What rule prevents me from being my child's provider under the current IHSS rules?”
You can also ask which IHSS subprogram your child is enrolled in.
If the answer is PCSP, ask whether your child is eligible for CFCO, IPO, or IHSS-R in light of your preference to serve as the parent provider. CDSS specifically instructs counties to take a family's preference for a parent provider into account when determining the appropriate IHSS program.
A denial does not necessarily mean the county's decision is correct.
The reason for the denial matters.
For example, there is an important difference between the county saying:
“You cannot be the provider because you work 40 hours per week.”
and:
“You cannot currently be the parent provider because your child is enrolled in PCSP.”
The first explanation may rely on rules that California eliminated. The second raises a different question about the child's IHSS funding program and whether another program is appropriate.
If you receive a written Notice of Action or another decision affecting your child's IHSS services, provider arrangement, or hours, review the notice carefully and pay attention to any appeal deadlines.
California's IHSS parent-provider rules have changed significantly.
Under the current rules, a parent does not automatically lose the ability to become their minor child's IHSS provider simply because they have a full-time job.
Parents of children enrolled in CFCO, IPO, or IHSS-R can generally be selected as providers if they successfully complete the IHSS provider enrollment requirements. The major exception is PCSP, where federal rules continue to prohibit parents from being paid providers for their minor children.
You must still accurately report the IHSS services and hours you actually provide.
If a county has denied your request to become your child's provider because of your employment, reduced your child's hours, or told you that you must quit your job before becoming a parent provider, an attorney or IHSS advocate can review the decision and determine whether the county is applying the current rules correctly.
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].