This fact sheet is for families who want to hire a non-parent provider for their In-Home Supportive Services (IHSS) eligible minor child (under age 18). A non-parent provider can include a non-parent relative, friend, or other provider who is registered with the IHSS program. There are restrictions on when you can hire a non-parent provider for a minor.  However, if a minor is enrolled in the IHSS program called the Personal Care Services Program (PCSP), a non-parent can be the minor’s provider. The IHSS parent provider rules are complex and confusing. This fact sheet is not intended to summarize these rules.1 This fact sheet will discuss how you can determine if your minor child is enrolled in PCSP and how to switch to this program if appropriate.

The IHSS program contains 4 different programs.2 The majority of IHSS recipients are enrolled in the Community First Choice Option (CFCO) program.3 You can find out what IHSS program you are in by contacting your IHSS social worker or county social services office.4 There are times when a family may want to switch from CFCO (or another program) to PCSP to resolve provider issues for a minor receiving IHSS. For example, if you are told by your county that your child cannot have a non-parent provider because one or both parents are “able and available” to provide care. The PCSP program does not have these same restrictions, and families may wish to consider switching to PCSP in order to hire a non-parent provider.

Note: Parent provider rules are in the process of being updated to be simpler and to eliminate restrictions on who can be a provider (hopefully by the end of 2023).  Until these updates are finalized, however, families who need a non-parent provider for their IHSS eligible child and encounter issues may wish to request a switch to PCSP.  This is because, under the PCSP program, IHSS minor recipients cannot have a parent as their provider, so the rules permit hiring a non-parent provider instead.5 This includes coverage for protective supervision hours.6 Please note that because a parent cannot be a provider for the minor child under PCSP, switching to the PCSP program may not be appropriate if a parent wishes to be the child’s IHSS provider.    

Why would I want to switch to PCSP?

One scenario where it may make sense to switch to PCSP is when one or both parents lack satisfactory immigration status to work in the United States. This is because under IHSS program rules, a parent who lacks satisfactory immigration status to work cannot be a paid IHSS provider,7 and may also be restricted from hiring a non-parent provider during times they are considered “able and available” to care for the child. When this happens, the county may wrongly decide that a child is ineligible for IHSS or authorize less hours. Switching to PCSP would at least permit the hiring of a non-parent provider to provide the needed services. 

Another scenario is when both parents work full-time jobs but work staggered schedules (for example, one parent works days while the other parent works nights). If your family falls within either of these scenarios, switching to PCSP may resolve the issue and allow your child to receive the IHSS services they’re eligible for from a non-parent provider. 

Please note that if you want to become a parent provider for your IHSS eligible child in the future, you will need to request your child’s disenrollment from the PCSP program and enrollment into CFCO.  

How do I change IHSS programs?

You may voluntarily disenroll from the CFCO to PCSP program at any time without a break in services between the transition.8 To change your IHSS program, you should contact your local county’s social services office, which can be found at: https://www.cdss.ca.gov/county-offices.9 Below is a sample letter:

• 1. If you would like to know more about the current parent provider rules, a summary can be found here: https://reg.summaries.guide/2019/02/ihss-parent-provider-issues.
• 2. https://www.cdss.ca.gov/inforesources/ihss
• 3. https://www.cdss.ca.gov/inforesources/ihss
• 4. https://www.cdss.ca.gov/county-offices
• 5. WIC § 14132.95(f)
• 6. ACWDL 05-21 (June 13, 2005), p. 3, available at https://www.dhcs.ca.gov/services/medi-cal/eligibility/letters/Documents/c05-21.pdf.
• 7. MPP Section 30-777.1
• 8. State Plan for Medicaid Assistance, Appendix 3.1-K, https://www.dhcs.ca.gov/formsandpubs/laws/Documents/Attachment-3-1-K.pdf at page 7; see also 22 C.C.R. § 50153(c) (“A person or family may choose to have their application processed under any program for which they are eligible even if such program is not the most advantageous”).
• 9. State Plan for Medicaid Assistance, Appendix 3.1-K, https://www.dhcs.ca.gov/formsandpubs/laws/Documents/Attachment-3-1-K.pdf at page 7.