Can I Receive IHSS If My Child Only Needs Minimal Help, Like Supervision?

The In-Home Supportive Services (IHSS) program is designed to provide support for individuals who need assistance with daily living tasks due to a disability or medical condition. But what if your child only requires minimal assistance, such as supervision, rather than hands-on personal care? Can you still receive IHSS?

The short answer is yes, but there are specific conditions under which supervision can qualify for IHSS. In this blog post, we’ll explore how supervision works within the IHSS framework, what you need to know about eligibility, and how you can navigate the process to ensure your child gets the care they need.

What is IHSS?

IHSS is a California state program that provides personal care services to individuals who are aged, blind, or disabled, and who need assistance to remain safely in their homes. The services are intended to support people with disabilities or medical conditions, allowing them to live independently. IHSS services are provided by personal caregivers, which can include family members or hired help, depending on the situation.

The most common services covered by IHSS include assistance with:

• Personal care (bathing, dressing, grooming)
• Housekeeping (cleaning, laundry)
• Meal preparation
• Ambulation (help with walking or getting in and out of bed or chairs)
• Transportation to medical appointments

But there’s another type of service provided under IHSS that is often overlooked: supervision.

What is Protective Supervision?

Protective supervision is a service that falls under the broader category of IHSS care and specifically applies to individuals who need constant oversight to ensure their safety. This is not the same as hands-on personal care, but it’s still crucial for families who are caring for children with conditions that could put them at risk if left unsupervised.

For children who have developmental, cognitive, or behavioral disabilities, protective supervision might include:

• Monitoring the child to ensure they are safe and not engaging in harmful behaviors
• Keeping an eye on the child in situations where they might be at risk (e.g., near water, street traffic, or harmful objects)
• Supervising a child with a medical condition who might require constant observation for potential emergencies

In other words, even if your child doesn’t need assistance with daily activities like bathing or dressing, they might still qualify for IHSS if they require supervision for safety reasons.

How Does IHSS Determine Eligibility for Supervision?

To determine if your child is eligible for protective supervision under IHSS, the county will assess their condition and needs. The key factor in this assessment is whether your child has a cognitive or behavioral condition that puts them at risk of harm if not supervised.

Here’s what you need to know about the process:

1. Assessment by a Social Worker: An IHSS social worker will conduct an assessment to evaluate your child’s needs. This will involve looking at:
   • Your child’s medical history and diagnosis
   • The nature of their disability or condition
   • Their ability to care for themselves and make decisions
   • Whether they require constant supervision to ensure their safety
   • Documentation from medical providers that supports the need for supervision
2. Eligibility Criteria for Supervision: In general, IHSS provides protective supervision if the child has a serious medical or developmental condition that:
   • Affects their ability to understand danger
   • Poses a risk of harm to themselves or others if left unsupervised
   • Requires a level of monitoring that goes beyond normal caregiving

For example, children with autism, severe developmental delays, or certain medical conditions like epilepsy might require supervision due to the potential for dangerous behavior or medical emergencies.

What Does Protective Supervision Cover?

If your child qualifies for protective supervision under IHSS, the services can cover the time spent monitoring your child’s safety. However, it’s important to understand that it’s not just about being present; the supervision must be active and continuous. For instance:

• Monitoring: The caregiver must be within sight or hearing distance of the child to prevent harm.
• Engagement: Simply being in the same room as the child may not be sufficient; you must be actively ensuring their safety, especially in risky environments (e.g., near water or traffic).
• 24/7 Care: In some cases, protective supervision may be required throughout the day and night, depending on the child’s condition.

It’s important to note that IHSS doesn’t cover “general supervision” or “sitters.” The supervision must be linked to a specific risk, such as the potential for self-harm, wandering, or an inability to understand dangerous situations.

How Do I Apply for IHSS Protective Supervision for My Child?

Applying for protective supervision under IHSS follows the same basic process as applying for any other IHSS service. Here’s how to get started:

1. Complete an Application: You’ll need to apply for IHSS through your local county office. Some counties have online portals where you can submit your application, while others may require you to apply in person or by mail.
2. Provide Medical Documentation: Along with your application, you’ll need to provide medical documentation that supports your child’s need for protective supervision. This could include:
   • A doctor’s note or medical records detailing your child’s condition
   • Evaluations from specialists (e.g., pediatricians, neurologists, or therapists)
   • A statement about why your child needs continuous supervision for their safety
3. Interview with a Social Worker: After submitting your application, an IHSS social worker will schedule an interview or home visit to assess your child’s needs. During this process, the social worker will ask about your child’s condition, their daily activities, and how they require supervision.
4. Assessment of Hours: Based on the evaluation, the social worker will determine how many hours of supervision are required. These hours are usually based on the risk level and the amount of time your child needs supervision each day.
5. Approval and Reassessments: If your application is approved, you’ll begin receiving IHSS hours for protective supervision. However, keep in mind that IHSS hours are typically reassessed annually to ensure they continue to meet your child’s needs.

Can I Get More Hours for Supervision?

If your child’s needs increase or if your initial assessment doesn’t fully account for the amount of supervision required, you can request a reassessment. This might happen if your child’s condition changes or if they require more frequent supervision due to evolving behaviors or health issues.

You may also request additional hours if your child’s condition improves and they require fewer hours of care. The goal of IHSS is to match the services with the actual needs of the individual, so regular reassessments are part of the process.

What If My Application for Supervision is Denied?

If your application for protective supervision is denied, you have the right to appeal the decision. You can file an appeal with the California Department of Social Services (CDSS) and request a hearing. During the hearing, you can present additional medical documentation, advocate for your child’s needs, and make your case for why supervision is necessary.

If you’re unsure how to proceed with an appeal, organizations like Disability Rights California offer free legal advice and can help you navigate the process.

Conclusion

If your child only needs minimal assistance, like supervision, you may still be eligible for IHSS under the protective supervision category. This service ensures that children with disabilities who are at risk for harm have the oversight they need to stay safe. The process may take time, and you’ll need to provide supporting medical documentation, but the support can make a significant difference in your family’s caregiving routine.

Remember that you are not alone in this process—there are advocacy organizations and support groups that can help guide you through the IHSS application, reassessment, and appeals process.

Need help? In California, the In-Home Supportive Services (IHSS) program provides crucial financial help for families raising children with special needs. American Advocacy Group is on the front lines every day, making positive change happen for people diagnosed with autism, Down syndrome, and a range of diagnoses across the continuum. As a leading advocate for all people with intellectual and developmental disabilities and their families, and the premier provider of the support and services people want and need, we understand the system and know how to take action regarding your best interests.

CONTACT US FOR HELP. Dial (877) 762-0702 or email us at info@americanadvocacygroup.com.