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 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