Parents as Caregivers FAQ

No. Parents who care for a child receiving services are prohibited from providing Waiver Services to individuals for whom they are responsible.
*This includes adoptive parents and legal guardians of minors. 

A guardian is someone appointed by court as general or limited guardian of the person, general or limited guardian of property, or special or temporary guardian as provided by state statutes. A guardian ensures the essential requirements for the ward's health and safety are met and manages the ward's estate, financial resources or both.

A person who has a court-appointed guardian.

A biological or adoptive parent(s) of a minor child, a legal guardian of a minor child, a spouse of an individual receiving services, or anyone deemed legally responsible by court order

Yes, family members or guardians who are not legally responsible for the care of an individual receiving services may provide HTS services when they are employed by provider agencies.

Note: The majority of guardians of vulnerable adults are not deemed legally responsible. 

Yes, as long as they are not legally responsible. They can live in the home and be a paid caregiver for adults.. HTS services are limited to no more than 40 hours per week when the HTS resides in the same home as the individual receiving supports.  If additional hours of service is needed, they must be provided by someone living outside the home per (OAC) 317:40-5-110. 

For self-directed services, appendix K now allows family members living in the home to be paid caregivers if they are not legally responsible for the individual receiving services.

Previously a family member in the home could not work as the HTS, now they can serve in that capacity. Additionally, families have several options when it comes to selecting an HTS, including family outside the home, a personal friend, a member from their church or community group, etc. 

No, a spouse cannot serve as the HTS for their significant other. 

No, you cannot serve as both the EOR and the HTS.

Refer to policy 340:100-3-33.2 for more guidance.