Proposed Regulations Attempt to Define Full Time Employment

IHSS Minor Recipient Living with Parents, ORD No. 0113-01

For the first time IHSS is attempting to define full time employment. For years, caseworkers have been wrongly reducing or denying IHSS hours because two parents were present in the home. Current statute allows for parents meeting specific criteria to be paid parent-providers, with no restrictions for two-parent households. Current regulations, however, deduct time from the parent-provider’s IHSS hours when the non-provider parent is in the home. The current regulations in this area are inconsistent with the intent of the statute and state hearing decisions. In the new regulations, time is not automatically deducted from a parent-provider’s IHSS hours when the non-provider parent is in the home. The new regulations will provide clarity and consistent direction to counties that is consistent with statute.

The CDSS has given notice of the proposed regulatory actions and is holding a public hearing to receive public testimony. Any person interested may present statements or arguments orally or in writing at the public hearing to be held on December 4, 2013. You may also submit your statements in writing, e-mail, or facsimile to the following address. All comments must be received by 5:00 p.m. on December 4, 2013.

Office of Regulations Development
California Department of Social Services
744 P Street, MS 8-4-192
Sacramento, California 95814
Phone: (916) 657-2586 Fax: (916) 654-3286
E-Mail: ord@dss.ca.gov

The public hearing will convene at 10:00 a.m. and will remain open only as long as attendees are presenting testimony. The purpose of the hearing is to receive public testimony, not to engage in debate or discussion. The Department will adjourn the hearing immediately following the completion of testimony presentations.

The purpose of this regulatory package is to resolve the discrepancy between current regulation § MPP 30-763.453 and Welfare and Institutions Code § 12300(e). It was determined by CDSS that the current regulation goes beyond the scope of the statute by limiting when a parent provider can receive payment for providing IHSS to their minor child with whom they reside.

The proposed regulations will also provide consistent economic support to parents who are prevented from full-time employment because of the need to care for their disabled child(ren).

Public Hearing Documents