Determination of alternative resources for foster children receiving IHSS

Minor children who are placed with approved resource families, or in a foster care setting which was required to become a resource family by December 31, 2020, are considered to be living in their own home and may receive In Home Supportive Services (IHSS) if they are otherwise eligible. Children in an SSI/SSP non-medical out of home living arrangement are not eligible for IHSS.

A foster care payment determined using the Level of Care Protocol is not an IHSS alternative resource that effects IHSS eligibility.  KinGAP and Approved Relative Caregiver benefits are also not alternative resources for IHSS.  In addition, the Dual Agency Rate and Supplement to the Dual Agency Rate for foster care and adoptive children eligible for regional center services are not an alternative resource for IHSS.  Finally, adoption assistance benefits are not an alternative resource for IHSS.

During the Level of Care Protocol determination, counties should ask oof the foster child is applying for IHSS.  If the caregiver has not applied for IHSS services for the foster child or IHSS has not yet been approved, counties cannot consider potential IHSS in the Level of Care Protocol determination.  If the foster child has been granted IHSS, the county considers all IHSS the child receives when making a Level of Care Protocol determination.

Counties should continue to review what additional services and supports foster children receive to determine whether those services and supports are alternative resources for purposes of IHSS.  (ACIN I-55-21, June 14, 2021.)