In-Home Supportive Services (IHSS): Hiring, Background Check & Employment Verification FAQs

The In-Home Supportive Services program is administered by the California Department of Social Services (CDSS) through county offices. CDSS says the program provides in-home assistance to eligible aged, blind, and disabled individuals as an alternative to out-of-home care and enables recipients to remain safely in their own homes. CDSS also notes that the program has supported Californians for over 50 years.

To qualify, a recipient must be a California resident, have a Medi-Cal eligibility determination, live at home or in an abode of their own choosing, and submit a completed Health Care Certification form. A county social worker interviews the applicant at home, assesses the services needed, and authorizes the number of hours for each service.

IHSS works differently from a typical employer. Once a recipient is approved, CDSS says the recipient must hire an individual provider to perform the authorized services and is considered that provider's employer, responsible for hiring, training, supervising, and firing. In some counties, a recipient may instead choose a contracted provider or a county homemaker employee.

The State issues the checks for individual provider payments and, if the provider qualifies, withholds the applicable amounts for disability insurance and Social Security taxes. Because unions negotiate with the employer of record in each county, CDSS notes that wage rates may vary from county to county.

Company culture and employee programs:

IHSS caregivers typically work in a recipient's home rather than a central workplace, and the recipient directs the day-to-day work within the services the county authorizes. Pay, hours, and available benefits depend on the county and on the hours authorized, so candidates should confirm details with their county IHSS office or Public Authority.

Yes. Employers in the in-home care industry, including IHSS recipients who hire providers, are legally permitted to run background checks, provided they follow applicable federal, state, and local laws. Where an employer uses a consumer reporting agency, the Fair Credit Reporting Act (FCRA) applies, while the IHSS enrollment check is a fingerprint-based state check submitted to the California Department of Justice.

IHSS enrollment generally includes a fingerprint-based criminal background check, according to California Department of Social Services (CDSS) guidance issued in 2016. The check looks for disqualifying convictions, and the county uses the results to approve or deny a provider's enrollment. Because that guidance dates from 2016, candidates should confirm current rules with their county IHSS office.

The IHSS hiring process typically starts when a recipient chooses a provider, who must then complete a four-step enrollment through the county. CDSS guidance from 2016 describes these steps: completing a provider enrollment form (SOC 426) and showing photo identification and a Social Security card, attending an in-person orientation, signing a provider enrollment agreement (SOC 846), and submitting fingerprints to the California Department of Justice for a state-level criminal background check. Applicants generally must finish all steps within 90 calendar days of starting, with a possible 45-day extension for good cause, and counties may vary in how they run the process.

CDSS guidance requires an IHSS provider to complete all enrollment steps, including the background check, within 90 calendar days of starting the process. Actual processing time may vary by county and by how quickly the California Department of Justice returns results. For typical timelines on other kinds of screening, read about background check turnaround times.

IHSS enrollment centers on a state fingerprint check, though agencies and other employers that hire caregivers may order broader screening. A background check connected to IHSS work may include some or all of the following:

Candidates should review any forms they are given to see which checks apply to their situation.

CDSS describes no drug test among the IHSS enrollment steps, and any extra requirement would typically come from a recipient or a hiring agency. Requirements may vary by county, employer, and role. Candidates should ask their county IHSS office, Public Authority, or hiring agency what applies to them.

The lookback period for a background check depends on the type of search and the laws of the state or country where the candidate lives or worked. In the United States, the FCRA generally limits consumer reporting agencies from reporting most negative information older than seven years, with certain exceptions for higher-salary positions and specific record types such as convictions. Some states have stricter limits. Candidates with records in multiple jurisdictions may see different lookback windows applied to different searches within the same report.

IHSS does not bar every conviction, but certain convictions can make a person ineligible to be a provider, and the county approves or denies enrollment based on the fingerprint results. CDSS guidance from 2016 describes Tier 1 and Tier 2 crimes and also describes exceptions, including individual waivers by a recipient for some Tier 2 situations. Many states and cities have enacted "ban-the-box" laws that limit when employers can ask about criminal history, though how they apply to a recipient who hires a caregiver may vary. Candidates should confirm current rules with their county.

Candidates are typically asked to complete an enrollment form, attend an orientation, sign an agreement, and provide fingerprints at a LiveScan location. They also show photo identification and a Social Security card, and the orientation must be attended in person. Accurate identifying information helps the Department of Justice match records and prevents delays. Requirements may vary by county, so confirm the steps with your county IHSS office or Public Authority.

The Fair Credit Reporting Act is a US federal law that governs how consumer reporting agencies collect, use, and share background check information. Under the FCRA, employers must obtain written consent before running a background check, provide a copy of the report and a summary of rights if they intend to take adverse action based on the results, and allow the candidate an opportunity to dispute inaccurate information before a final decision is made. For a detailed overview of how the FCRA applies to background checks, visit Fair Credit Reporting Act (FCRA).

The IHSS recipient hires the provider and is considered the provider's employer, according to CDSS. The county handles eligibility, service authorization, and provider enrollment, and the State issues payment. In some counties a recipient may instead choose a contracted provider or a county homemaker employee, so the hiring path may vary.

CDSS guidance describes two groups, Tier 1 and Tier 2 crimes, that can make a person ineligible to be an IHSS provider. Tier 1 crimes relate to child abuse, abuse of an elder or dependent adult, and fraud against a government health care or supportive services program. Tier 2 crimes include serious or violent felonies, felony offenses that require sex offender registration, and felony fraud against a public social services program. This summary reflects guidance issued in 2016, so candidates should confirm the current list and any exceptions with their county.

Running a personal background check with Checkr lets you preview the kinds of records an employer may see and help you identify potential inaccuracies before they affect a job application. It is separate from the fingerprint-based California Department of Justice check used for IHSS enrollment. In one secure report you can review:

Create your report in minutes at Checkr Personal Background Checks. To showcase verified credentials proactively, build a free Checkr Profile you can share with recruiters, hiring managers, or potential employers.

Check your report status in the Candidate Portal. Or, visit the Checkr Help Center for FAQs, dispute steps, and to contact support.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.