DPSS ePolicy

1. Effective February 20, 2024, IHSS staff must no longer apply the existing provider eligibility rules to all minor recipients in CFCO, IPO, and IHSS-R Programs. These minor recipients and their Authorized Representative (AR) have the right to hire a provider of their choice, parent, or non-parent, if that provider has successfully completed and passed the provider enrollment requirements. As such, minor recipients will have the same access to IHSS providers that is currently available to adult recipients;
   
   
2. The elimination of provider eligibility rules only applies to minor recipients enrolled in CFCO, IPO, and IHSS-R. Minor recipients in PCSP may only hire a non-parent provider. For those who wish to hire a parent as providers, IHSS staff must ensure that minor recipients enrolled in PCSP are enrolled in CFCO, IPO, or IHSS-R prior to authorizing IHSS services in the Case Management, Information and Payrolling System Version 2 (CMIPS);
   
   
3. Limitations on reimbursements of IHSS services previously only applied to parent providers now apply to all providers of minor recipients. As such, domestic services, heavy cleaning, yard hazard abatement, and teaching and demonstration shall be considered met by individuals who have a legal duty to care for the child and therefore, IHSS services will not be assessed in those service categories (Welfare & Institutions Code [WIC] Section 12300[e]). Providers of minors may only be reimbursed for services related to domestic services, personal care services, accompaniment to health-related appointments/alternative resource sites, protective supervision, and paramedical services (Manual of Policies and Procedures [MPP] Section 30-763.456);
   
   
4. If an individual voluntarily provides a service that is eligible for provider reimbursement described above, IHSS staff must obtain a SOC 450, Voluntary Services Certification, (2/23), to count that service as met in accordance with MPP Section 30-763.64;
   
   
5. IHSS staff must update the Provider Assignment of Hours on all minor recipient cases upon receiving a request or by the next scheduled reassessment, whichever comes first. Staff must document in the CMIPS Assessment Narrative or Case Notes when a minor recipient or their AR has requested a provider change or when the Social Worker (SW) has explained the change in provider eligibility rules;
   
   
6. IHSS staff should transfer institutionally deemed minors enrolled in PCSP to CFCO upon request of the recipient or at the next scheduled reassessment, whichever comes first;
   
   
7. While assessing IHSS for minor recipients, IHSS staff shall discontinue the use of the SOC 2323 (12/18), as the form is now obsolete;
   
   
8. IHSS staff may continue using SOC 838 (10/12), to assign provider hours when there are multiple providers serving a single recipient;
   
   
9. Although ARs have the authority to direct care, minor recipients still have the right to notify the county of their choice of provider. If a minor expresses a different choice of provider from the AR, IHSS staff should explore the reason for this choice and determine if there are any health and safety issues behind the minor’s request for a different provider;
   
   
10. Minor recipients’ parents, including those who are not authorized to work in the United States and those who are undocumented individuals, now have the authority to hire non-parent provider(s) for their children. However, the chosen provider(s) must complete and pass the IHSS provider enrollment requirements to be a paid IHSS provider;
    
    
11. The existing IHSS overtime and exemption requirements remain unchanged by the elimination of provider eligibility requirements for minor recipients. However, it must be noted that providers who have been assigned to their recipients after January 31, 2016, do not qualify for Exemption 1, according to WIC Section 12300.4(d)(3)(A). IHSS staff should not encourage these providers to apply for Exemption 1. If these providers feel they need an exemption to work for two or more recipients and claim over 66 hours per week, IHSS staff should direct them to explore Exemption 2 requirements and the application process;
    
    
12. The elimination of provider eligibility requirements for minor recipients does not impact IHSS Program eligibility, nor does it impact the provider enrollment requirements;
    
    
13. When parents are living separately and share custody of a minor recipient, SW will assess the child at the primary parent’s home. If the parents with shared custody reside in different counties, the county that handles the active Medi-Cal case of the minor applicant/recipient is considered the primary county, and they are responsible for all case related activities, including assessments and payroll;
    
    
14. Benefits that adopted minor recipients receive from programs such as the Adoption Assistance Program (AAP)/Aid for Adoption of Children (AAC) are not considered alternative resources when assessing the need of IHSS services;
    
    
15. Minor recipients in foster care must meet the criteria of living in their own home to be IHSS eligible; and
    
    
16. As of July 1, 2021, IHSS staff should not consider the following benefits/payments as alternative resources when assessing minor recipients for IHSS services:
    
    
    • Foster care maintenance payments;
      
    • Kinship Guardianship Assistance Payment (Kin-GAP);
    • Approved Relative Caregiver (ARC) benefits; and
    • Dual Agency Rate and Supplement to the Dual Agency Rate.

On December 21, 2023, the California Department of Social Services (CDSS) released All County Letter (ACL) 23-106 (12-21-23) that provided guidance for implementing Assembly Bill (AB) 120 (Chapter 43, Statutes of 2023) which eliminated provider eligibility requirements for minor recipients in the IHSS Program by amending WIC Section 12300(e). The ACL directs that in accordance with the statutory change, effective 60 days from the release date of ACL 23-106, MPP Sections 30-763.44 through 30-763.455 will no longer be in effect. The elimination of these requirements is an important step in achieving equity within the IHSS Program and will result in improved provider access for minor recipients and their families.

Removing the parent provider limitations in WIC Section 12300(e) allows the parent or non-parent providers to provide authorized supportive services to a minor. With the adoption of AB 120, the provider eligibility requirements for all minor recipients were eliminated if the minor recipients are in CFCO, IPO, or IHSS-R Programs.

On June 23, 2017, CDSS released All-County Information Notice (ACIN) I-40-17 (6-23-17,) to clarify policies and procedures regarding IHSS eligibility for adopted children receiving AAP/AAC and for children living in foster care settings. Effective January 1, 2017, CDSS implemented the Resource Family Approval (RFA) Program to streamline the processes for:

• Licensing foster family homes;
  
  
• Certifying homes of licensed foster family agencies;
  
  
• Approving relatives and non-relatives to provide foster services; and
  
  
• Approving families for guardianship and adoption.

By December 31, 2019, all foster caregivers need to be approved as a resource family by the RFA Program.

On June 14, 2021, CDSS released ACIN I-55-21 (6-14-21), to provide guidance on the determination of alternative resources for foster children eligible for IHSS as follows:

• Minor children who are placed with approved resource families are not considered to live in licensed facilities for the purposes of IHSS;
  
  
• Minor children placed with approved resource families, or in a foster care setting which was required to become an approved resource family by December 31, 2020, are considered to be living in their own home and may receive IHSS if they are otherwise eligible;
  
  
• Per MPP Section 30-763.6, IHSS staff is required to explore alternative resources to IHSS which may be available from other agencies or programs to meet the IHSS needs of the recipient as assessed in accordance with WIC Section 12309(b)(2)(B); and
  
  
• IHSS staff shall not consider the following benefits/payments a foster child receives when assessing their need for IHSS services:
  
  
  • Foster care maintenance payments;
  • Kin-GAP;
  • ARC benefits; or
  • Dual Agency Rate and Supplement to the Dual Agency Rate.

California Family Code (CFC)
California code that establishes the parental legal duty to provide care for their own child. This policy only applies when the child lives with their natural or adoptive parent(s).

Full-Time Employment
Working 40 or more hours per week, regardless of work location. This does not include the time a parent provider is providing IHSS-funded care to their own child.

Minor
A child under 18 years of age.

Parent of Minor Recipient
A person who is the natural or adoptive parent and has a legal duty pursuant to the CFC to provide for the care of the minor.

Suitable Provider
A suitable provider is:

1. A parent who is able and available and has a legal duty to provide care to their child; or 
   
   
2. A non-parent provider who is willing, able, and available to provide needed IHSS services.

Exemption 1 (Live-In Family Care Exemption)
Exemption for approved family care providers, working for multiple recipients, who all live in the same home, to exceed workweek limitations and work up to a combined 90 hours per
week, not to exceed a combined 360 hours per month.

Exemption 2 (Extraordinary Circumstances Exemption)
Exemption for approved providers working for multiple recipients, who are at risk of placement in out-of-home care, to exceed workweek limitations and work up to a combined 90 hours per week, not to exceed a combined 360 hours per month.

Alternative Resources
Services provided from other agencies or programs to supplement the established care needs of an IHSS recipient.

Note: Parental (uncompensated) care provided by the parent(s) to the minor pursuant to CFC is not considered an alternative resource.

Tier 1 Conviction
Specified child abuse (Penal Code [PC] Section 273a(a)); elder or dependent adult abuse (as specified under PC Section 368); fraud against a government health care or supportive services program pursuant to WIC Section 12305.81.

Supplemental Security Income/ State Supplemental Payment (SSI/SSP) Non-Medical Out-of-Home Living Arrangement
SSI/SSP recipients who live in a non-medical residential care facility and receive SSI payments at a rate higher than those who live independently.

Resource Family Approval (RFA) Program
New State program implemented on January 1, 2017, that streamlines the foster caregiver approval process for adoption and guardianship for all caregivers (related and non-related).
The RFA:

1. Unifies approval standards for all caregivers;
2. Includes a comprehensive psychological assessment and home environment check;
3. Prepares families to better meet the needs of vulnerable children; and
4. Allows seamless transition to permanency.

Non-Relative Extended Family Members (NREFM)
An adult caregiver who has an established familial relationship with a relative of the child or a familial or mentoring relationship with the child. The parties may include relatives of the child, teachers, medical professionals, clergy, neighbors, and family friends (WIC 361.3).

Resource Families
Caregivers who are individuals, couples or families who provide out-of-home care for children in foster care. They may be related to the child, have a familiar or mentoring relationship with the child, or no previous relationship with the child.

Note: Resource families do not require licensing.

Approved Resource Families
Resource families or NREFM’s that have completed the RFA Program approval process by December 31, 2020.

Legal Guardian
An adult, who is not the child’s parent, appointed by the court to take care of the child. A legal guardian for a minor should be selected with the best interests of the minor in mind.

Adoption Assistance Program/Aid for Adoption of Children (AAP/AAC)
Entitlement programs to provide financial and medical coverage to facilitate the adoption of children who otherwise would remain in long-term foster care.

Aid to Families with Dependent Children-Foster Care (AFDC-FC)
Cash aid program for foster children placed with a relative. Payments are intended to help cover the costs of the children’s food, clothing, personal needs, transportation, entertainment, shelter needs, and supervision/parenting needs.

Kinship Guardianship Assistance Payment (Kin-GAP) Program
Cash aid program that supports eligible relative caregivers in California who are unable or unwilling to adopt but instead become legal guardians as the permanency option for exiting the child welfare system. Kin-GAP provides both cash aid and Medi-Cal benefits to eligible children. Kin-GAP payments are income to the child, not to the caregiver.

Approved Relative Caregiver (ARC) Program
Program that provides financial support equal to the basic foster care benefits to relatives caring for youth who are not eligible for federal foster care benefits.