Compliance & Rules | Nick Roetto
Key points
Yes, in many cases a family member can be hired and paid as a caregiver in the Self-Determination Program (SDP). The exception is a "legally responsible person," and the line between the two decides everything. Here is the rule as the Department of Developmental Services (DDS) states it, in plain words, and what stays the same when your caregiver is a relative.
The rule, in plain words
As of 2026 DDS says that a legally responsible person cannot be paid with SDP funds for services they would normally provide anyway. A legally responsible person is typically:
- a parent of a minor child,
- a spouse,
- in some cases, a court-appointed guardian.
The idea is that the law already expects those people to provide ordinary care, so the program will not pay for it.
DDS also says who is not a legally responsible person:
- a parent who is the conservator of an adult child,
- a parent who holds power of attorney for an adult child.
Those parents may be paid for qualified services. "Qualified" matters. The service must be on the approved spending plan, fit a DDS service definition, and the parent must meet the provider qualifications the plan names.
Who this leaves open
Relatives who are not legally responsible persons can be caregivers like anyone else. That commonly includes:
- adult siblings,
- grandparents,
- aunts, uncles and cousins,
- an adult child caring for a parent,
- a parent of an adult participant, as described above.
Whether the person is a good fit is your decision. Whether the arrangement is allowed is the regional center's review, done when it looks at the spending plan for participant choice and provider qualifications.
Where families get tripped up
- A parent of a minor. The most common question, and the clearest no, for services the parent would normally provide. Whether a specific service falls outside normal parental care is a regional center determination. Ask before assuming.
- A spouse. Same rule.
- The participant turning 18. The parent's status can change when the child becomes an adult, depending on whether there is a conservatorship or power of attorney. Raise this at the Individual Program Plan (IPP) meeting before the birthday, not after.
- Generic resources. If In-Home Supportive Services (IHSS) already pays a family member for certain hours, SDP cannot pay for those same hours. IHSS is a separate program. See What an SDP Budget Can and Cannot Pay For.
None of this is legal advice. Confirm your specific situation with your regional center service coordinator before anyone starts work. The cost of getting it wrong is a caregiver who has worked hours that cannot be paid from the budget.
The background check exemption
Any participant caregiver providing direct personal care needs a criminal background clearance before starting. Family members who live in the same home as the participant are exempt from that requirement. A relative who lives elsewhere is not exempt and needs the clearance like any other hire. See Background Checks for SDP Caregivers.
What stays exactly the same
Hiring a relative does not create a lighter version of employment. Under the Co-Employer and Sole Employer models the relative is an caregiver, and everything that applies to any caregiver applies to them:
- Wages. They are paid the hourly rate on the spending plan, on the regular payroll schedule, with taxes withheld. They receive a W-2 at year end.
- Hours. Overtime, meal and rest break, and minimum wage rules apply to household employees in California. The specific thresholds change, so do not rely on a number you heard; ask.
- Employer burden. Employer Social Security and Medicare, federal and state unemployment, the California Employment Training Tax, workers' compensation and paid sick leave all cost money on top of the wage. Employer burden typically adds 19% to 25% on top of wages. A relative costs the budget the same as a stranger. See Employer Burden Explained.
- Timekeeping. Caregivers paid with SDP funds are subject to Electronic Visit Verification (EVV) and clock in and out on a phone or device. Family members included.
- Onboarding. Wage notices, employment documents and provider qualifications are collected before the first shift. See Hiring Your First Caregiver Under SDP.
How Sentinel Four handles this
- We do not decide whether a relative may be paid. The regional center decides that when it reviews the spending plan. What we do is decline to run payroll for anyone who is not on an approved plan with a matching authorization, which protects the family from an unpayable shift.
- If you tell your dedicated case manager that a proposed caregiver is a parent, spouse or guardian, we will point you back to the service coordinator to settle the legally-responsible question before onboarding starts.
- Relatives go through the same onboarding as any caregiver: employment documents and wage notices collected by us, setup in ADP, background clearance unless the same-home exemption applies, and EVV clock-in through the AxisCare app on a personal phone, with a $2.50 per-pay-period reimbursement for that under the Co-Employer and Sole Employer models.
- Payroll is weekly, paid on Mondays, with taxes withheld and remitted and a W-2 at year end. Employer burden is charged to the budget for relatives at the same rate as anyone else: about 21% under Co-Employer and about 15% under Sole Employer, per Harbor Regional Center's published table. See How Caregiver Payroll Works.
Questions about the Self-Determination Program?
Every Sentinel Four family has a dedicated case manager. Call 530-515-2948 or send us a message — we usually reply within one business day.
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