The California Department of Social Services (CDSS) has issued guidance regarding the end of In Home Supportive Services (IHSS) provider eligibility requirements for minor recipients. Previously, minors could only hire a non-parent IHSS provider if their parents were not available to be providers. In addition, parents could only be providers for their minor children if there were no other suitable providers, and the parent was prevented from full-time employment because of the need to care for the child. Effective 60 days after December 21, 2023 (the date of the release of this ACL) these limits on parent providers are eliminated.
The limits on providers for minors still apply to minor recipients in the Personal Care Services Program. Counties should ensure that minor applicants who want a parent provider are enrolled in the Community First Choice Option, the IHSS Plus Option, or the IHSS Residual program. Counties should transfer qualifying minor recipients from the Personal Care Services Program to the Community First Choice Option upon request of the recipient or at the next scheduled reassessment, whichever is first. Minor recipients who are institutionally deemed and enrolled in the Personal Care Services Program may hire a non-parent provider without limitation.
Other rules for IHSS remain unchanged. Service assessment rules for minors are unchanged. Minors remain ineligible for domestic services, heavy cleaning, yard hazard abatement, and teaching and demonstration. Provider enrollment rules are unchanged. Provider overtime rules and exemptions are unchanged. (ACL 23-106, December 21, 2023.)