Exemption Based on the Need to Care for an Ill or Incapacitated Person Residing in the Home

[EAS 42-712.46]

Cares for Ill or Incapacitated Person in the Home

A caretaker is exempt from the registration requirement when the caretaker is:

  • Required to be in the home to care for an ill or incapacitated person residing in the home, and
  • The caretaking responsibilities significantly impair the caretaker’s ability to be regularly employed or to participate in self-sufficiency activities, and
  • Employed less than 32/35 hours per week.

Note: If the caretaker is receiving income from IHSS for the part-time or full-time care of this ill or incapacitated person residing in their home, the caretaker is still considered exempt from CWES registration.

If a client cannot participate the full 32/35 hours per week CWES requirement because he/she must care for an incapacitated individual, he/she is exempt. There are no partial exemptions.

Verification

This exemption is verified by a written statement from a doctor verifying that the individual is physically or mentally impaired and someone is needed in the home to provide care. The written verification may be either a statement provided by the client and signed by the doctor and/or a licensed or certified psychologist. The written verification must include:

  • The doctor’s name, address and the phone number,
  • A description of the disability,
  • The expected duration of the disability, and
  • The extent to which the disability requires someone to be in the home to care for him or her.

If an extension is requested on a previously completed CW 61that has expired or if the person is not under a doctor’s care and this is the initial request, refer the client to for a County Health Evaluation. Refer to “Review of Incapacity [1-430.3],” page 11-7. 

Note: When the family member is severely disabled and requiring compliance with CHERP would pose an undue hardship on the client, the EW may consult with his/her Supervisor. The Supervisor has the discretion to exempt a client from CHERP and continue accepting the verification from the individual’s doctor.

Cal Learn

This exemption, required in the home to care for an ill or incapacitated person residing in the home, does not apply to a pregnant or custodial teen parent. Refer to Cal Learn [EAS 42-762] for an explanation of the Cal Learn program.

Review

This exemption must be reviewed:

  • At RD, or
  • When the individual's condition is expected to end, if the duration of the condition is expected to be less than one year, or
  • When the EW believes there has been a change in the client's circumstances which would affect the exemption.

Related Topics

CalWORKs Employment Services Program