Ihss Legal Guardian

Foster parents are not subject to IHSS rules for parent providers. However, adoptive parents are subject to the rules of the IHSS parent provider because they are required by law to take care of the child during adoption. Counties are required to inform parents of the rules applicable to caregivers for minor beneficiaries. Counties need to review their existing processes to ensure suppliers are properly registered. Claimants must also review affected CLF cases as soon as administratively possible, but no later than during regular reassessment. (ACL 19-02, January 9, 2019.) For parents of an IHSS beneficiary who live separately but share custody, the county assesses the child in the primary parent`s home. If a parent wants to be the child`s IHSS provider, the county determines whether that parent is eligible to be a provider. If both parents are available as the child`s HIFIS provider, hours will be allocated based on the child`s needs if the child is in each parent`s home. In a two-parent household, one parent is an eligible provider if the parent has given up their full-time job or cannot find full-time employment because they have to care for their child. However, a non-parent provider cannot be paid to provide the IHSS if one or more parents in the household are able and available. An undocumented parent is not eligible to be an IHSS provider. In this situation, the family can hire a non-parental provider. A parent who is on paid or unpaid leave, or who has been dismissed for a reason other than the need to care for their child, is not considered to be leaving their job to care for their child and is not eligible to be an intensive care provider for the child.

If a parent who is an SSAI provider for other beneficiaries reaches the IHSS maximum number of working hours, the family can hire an SSAI provider or a second parent in the household for their child. A parent may be a paid provider of SSSI for their minor child if they have left their full-time employment or are prevented from obtaining full-time employment because no other suitable provider is available. If a parent is not employed full-time for a reason other than the assisted child`s IPSS needs, that parent does not qualify as a paid child safety provider. The county can ask for proof of employment, but cannot require the parent to provide an affidavit or other documents. A county cannot refuse to use a parent provider solely on the basis of lack of documentation of employment status. Determining whether a parent can be a paid provider of the SSSI and/or hire a non-parent provider is a separate and different investigation than whether the child is eligible for the IHSS. The minor must be assessed for the IHSS, regardless of whether the parent can be the provider or hire another provider. The case cannot be closed if the county determines that there is no authorized supplier.

If the parent`s circumstances change, the provider`s eligibility will be reassessed.