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Handbook 18: Financial Support Systems

18-8 KinGAP - Relative Kinship Guardian Assistance Payment Program
Financial Support Systems
18-8  KinGAP- Relative Kinship Guardian Assistance Payment Program
Reference Points
Overview
Definition of "Relative" for For Federal KinGAP Funding
Eligibility Criteria and Necessary Documentation
Available Programs/Services for Children/Youth KinGAP Eligible
Social Worker Action to Initiate KinGAP Application
Closing the CWS/CMS Case and Setting Up the KinGAP File
Transferring and Closing a KinGAP Case
KinGAP Reassessments
Eligibility Budgeting Rules
Provision of Services by the Social Worker
Caregiver's Required Agreements
Caregiver's Reporting Responsibilities
Caregiver's Rights
Child's Rights and Responsibilities
Other Information and References


Reference Points
Effective Date: 9/1/09
Last Updated: 11/7/14
 Legal Basis:
Popup Window All County Letter (ACL) #14-28: Expansion of the Definition of Relative For the Federal Kinship Guardianship Assistance Payment (KinGAP) Program
Popup Window

All County Letter (ACL) #12-48: Extended Benefits for Non-Minors Living with Current or Former Non-Related Legal Guardians (NRLG)

pdf All County Letter (ACL) #11-67: Case Plan and KinGAP Guardianship Assistance Payments
Popup Window

All County Letter (ACL) #11-15: New Kinship Guardianship Assistance Payment (KinGAP) Program Requirements

pdf ACL # 11-09: New Kinship Guardianship Assistance (KinGAP) Payment Requirements
PDF ACL 07-13: Kinship Guardianship Assistance Payment Program (KinGAP) Enhancements
PDF All County Letter (ACL) 01-64: Kinship Guardianship Assistance Payment Program (KinGAP) Questions and Answers
Popup Window Assembly Bill (AB) 12 (Chapter 559, Statutes of 2010), AB 212, AB 1712
Popup Window California Senate Bill 1901, Chapter 1055
Popup Window Welfare and Institutions Code (WIC) § 361.3, (WIC) § 11391
Popup Window SSA DEBS Foster Care Handbook- Chapter 36
 Non CWS/CMS Forms:
PDF Agency-Relative Guardianship Disclosure (SOC 369)

pdf

Kinship Guardianship Assistance Payment (KIN-GAP) Program Agreement Amendment (SOC369A)
MS Word KinGAP Mutual Agreement for 18 Year Olds (KG1)
MS Word Statement of Facts Supporting Eligibility for KinGAP Program (KG2)
MS Word KinGAP Mutual Agreement for Non-Minor Former Dependents (KG3)
MS Word Placement/Address Change (SCZ17)
pdf
 CWS/CMS Forms:
PDF Forms Text


Overview  

The Kinship Guardianship Assistance Payment (Kin-GAP) program is intended to enhance family preservation and stability by recognizing that many children are in long term, stable placements with relatives and that these placements are the permanent plan for the child. 

The Kinship Guardianship Assistance Payment (KinGAP) program was established by Senate Bill 1901 (Chapter 1055, Statutes of 1998). The KinGAP Program became available to those children exiting the juvenile court dependency system on or after January 1, 2000 to live with a relative legal guardian.

In 2006, Assembly Bill 1808 (Chapter 75, Statutes of 2006) extended the provisions of the KinGAP program to probation youth exiting the delinquency system to live with a related guardian.  The intent of the KinGAP legislation is to provide a continuum of choices for the relative, the agency, and the courts to allow the most appropriate permanency plan for dependent and delinquent children.

Effective January 1, 2011, regulations were established that made significant changes to the KinGAP program.  Most significant was that KinGAP became a federally funded program for those children who qualified for Title IV-E funding.  The state funded KinGAP program became available to those children who do not qualify for Title IV-E funding but meet all other requirements for the KinGAP program.

Effective January 1, 2012, Assembly Bill AB12 (Chapter 559, Statutes of 2010) extended KinGAP eligibility through a youth’s 21st birthday, if they meet certain criteria. 

Effective January 1, 2014, Assembly Bill 1712 (Chapter 846, Statutes of 2012),  significantly expanded the definition of a “relative” for the federal KinGAP program so that the youth living with non-related guardians may also be eligible for KinGAP.   

Note:

The expanded definition of relative for the federally-funded KinGAP Program allows more children/youth to be eligible for a KinGAP payment and other associated benefits.  Under the expansion program the expanded definition of a relative cannot be applied retroactively to convert guardianship cases that are currently receiving non-federal AFDC-FC payments to the federal KinGAP program, regardless of whether the child was federally eligible while a dependent.

The KinGAP Program offers a subsidy that is 100% of the basic foster care rate, based upon age.  Supplemental payments are made for those children who qualify for Special Care Increments. Regulations require that every two years the child be reassessed by the Department of Family and Children's Services and that the guardians complete a financial redetermination by the Social Services Agency Department of Eligibility and Benefits.
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Definition of “Relative” for Federal KinGAP Funding  

California took advantage of federal flexibility in allowing states to broadly define relatives for Federal KinGAP purposes and amended Welfare and Institutions Code (WIC) section 11391, to define a “Relative” as any of the following:

TRADITIONAL:

  1. An adult who is related to the child by blood, adoption, or affinity within the 5th degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great”, "great-great” or “grand” or the spouse of any of those persons even if the marriage was terminated by death or dissolution.    

FICTIVE:

  1. An adult who meets the definition of an approved, nonrelated extended family member (NREFM)
  2. An adult who is either a member of the Indian child’s tribe, or an Indian custodian.
  3. An adult who is the current foster parent of a child under the juvenile court’s jurisdiction, who has established a significant and family-like relationship with the child and the county child welfare agency, or probation department, has entered into an agreement identifying this adult as the child’s permanent connection.

 

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Eligibility Criteria and Necessary Documentation  

The decision to recommend the Kinship Guardianship Assistance Payment program (KinGAP) is based on the best interest of the child/youth and the relative’s ability and willingness to provide a permanent home for the child.  As each family’s situation is unique, the decision regarding a child’s/youth’s permanent plan must include a documented assessment by the social worker and the proposed relative guardian must be assessed according to the criteria in Welfare and Institutions Code Section 361.3. 

Fictive Relative Guardians:

Relatives for the purpose of federal Kin-GAP have been expanded by the state to include “Fictive Relatives”.  The social worker can approve fictive relatives under same requirements as traditional relatives except for the requirement of providing proof of Kinship. The social worker should document this in the child’s case file in the Child Welfare Services/Case Management System (CWS/CMS) case contacts and in the court report.    

 

Upon turning 18 years old, unless they youth has a qualified medical condition,  the fictive federal Kin-GAP youth loses their federal eligibility, but are eligible to receive non-federal AFDC-FC benefits under the AB12 program as a Non-Minor Former Dependent (NMFD).

  • In order to remain eligible for benefits the youth must complete a “Mutual Agreement for Extended Foster Care” (SOC 162) in the month of turning 18 years old.
  • The Kin-GAP program is discontinued and the closed foster care case is re-opened or a new EFC case must be established.  Benefits discontinue at the end of the month and EFC benefits are effective the first day of the following month after the youth has turned 18 years old.

 

Traditional and Fictive Relative Guardians:

In order to qualify for either the federally or non-federally funded KinGAP program a child/youth must meet all of the following criteria:

  • The child/youth must be under the age of eighteen (18);
  • Has been removed from the parental home pursuant to a voluntary placement agreement or the child has been adjudged a dependent child of the juvenile court pursuant to WIC 300 or, effective October 1, 2006, a ward of the juvenile court pursuant to WIC section 601or WIC 602;
  • Been residing for at least six (6) consecutive months in the approved home of the prospective legal guardian while under the jurisdiction of the juvenile court (as a court-ordered placement) or under a voluntary placement agreement or with a previously approved caregiver;
    • Any time spent living with the prospective guardian in an “informal” situation does not count toward the 6 consecutive month period.
  • For federal KinGAP a written binding agreement (SOC 369 and SOC 369A) must be entered into by the guardian and the county welfare agency or probation department prior to the establishment of the guardianship. 
  • For non-federalKinGAP, if the guardian fails to negotiate a written binding agreement (sign the SOC369) prior to the establishment of the guardianship and the child still meets all other eligibility criteria, the child is only eligible for non-federally funded KinGAP.
  • Legal Guardianship must be established with the relative caregiver or a qualifying “fictive” relative caregiver.   Guardianship established by the juvenile court with “fictive” relative of a federally eligible dependent or ward on or after May 19, 2014, are eligible to enter the federal KinGAP Program assuming all other eligibility conditions are met.  This includes the execution of the Negotiated Agreement (the signing of the SOC 369 and SOC 369A) prior to the establishment of guardianship.
  • Dependency must be dismissed at the same time or after the establishment of the Kinship Legal Guardianship by the Juvenile Court.
  • The child must be a U.S. citizen or U.S. national or have a lawful immigration status.

The law requires if a child or youth is with a relative or fictive relative legal guardian and has lived with the guardian for six months or more, the case MUST be closed unless:

1) The relative or fictive relative legal guardian objects, or

2) Exceptional circumstances exist to justify keeping the case open.

Further, a caregiver's participation in KinGAP is strictly voluntary and not mandated by any regulations or statutes.  Each family's situation is unique; therefore, the decision regarding a child's permanent plan must be mutual between the county, the caregiver, and child where age appropriate, in order to ensure that the alternative chosen will be successful.   

 

  

KinGAP to Fictive Guardians

If the child was under the age of 16 when the negotiated agreement was effective and does not have a medical or mental health condition, the child is eligible to receive Federal KinGAP only to age of 18. 

  • When the youth turns 18 years old the Federal KinGAP will discontinue, but the youth may be eligible to receive Non-Federal Foster Care benefits up to the age of 21. 
  • The guardian must continue to support the youth and the youth must be participating in at least one of the eligibility conditions of Extended Foster Care. 
  • If the child has a mental or medical condition that warrants benefits, the child is eligible to continue to receive Federal Kin-GAP to the age of 21, regardless of the age of the child at the time the negotiated agreement became effective.
  • If the child was over the age of 16 when the negotiated agreement became effective, the child is eligible to receive Federal Kin-GAP benefits to the age of 21, if he/she meets at least one of the continued participation criteria.

 

Guardianships and Eligibility Chart

Type of Guardianship
Type of Eligibility

Guardianship Established and Juvenile Court Dependency Dismissed

Note:

The SOC 369 Mutual Agreement and 369A are required to be signed before establishing traditional or fictive guardianships.

KinGAP established with FICTIVE relative:  (NREFM, Foster Parent, or Tribal member )

  • KinGAP Payments began on or after age 16 and they do or do not  have a medical condition:
    • KinGAP payments until 21st Birthday.
    • At age 18 youth must sign the KG3, KinGAP Mutual Agreement for Non Minor Former Dependents to continue to receive extended KinGAP benefits.
  • KinGAP Payments began before age 16:
    • If the youth does not have a have a medical or mental health condition that warrants continuance of support-  KinGAP ends at 18 but payment changes to AFDC-FC payments from age 18 to 21st birthday.     
    • At age 18 the youth needs to sign the SOC 162, Mutual Agreement for Extended Foster Care.

              _______________________________________________________________________________________

KinGAP established with a TRADITIONAL Relative: (Adult Related to the child within the 5th degree)

 

  • KinGAP Payments began on or after age 16:
    • KinGAP payments until 21st Birthday.
    • At age 18 youth must sign the KG3, KinGAP Mutual Agreement for Non Minor Former Dependents to continue to receive benefits (Extended Foster Care).
     
  • KinGAP Payments began before age 16:
    • If the youth does not have a have a medical or mental health condition that warrants continuance of support- KinGAP to age 19 or High School Graduation, whichever comes first.  
    • Need to submit the SCD 441, School Enrollment Verification and a KG1 to foster care eligibility when youth turns 17.5 years of age.
    • If the youth has a medical or mental health condition that warrants continuance of support- KinGAP payments to 21st birthday.   
      • Within the month of turning 18 years of age youth must sign the KG3, KinGAP Mutual Agreement for Non Minor Former Dependents to continue to receive extended KinGAP benefits.

         

          

Guardianship Established- Juvenile Court -Non Related  Legal Guardian (Cases opened before September  2014)
  • Not eligible for KinGAP payments.
  • Foster Care payments through 21st  birthday.
  • At age 18 signs SOC 162, Mutual Agreement for Extended Foster Care.
Guardianship established in Probate Court
  • Not eligible for KinGAP payments.
  • AFDC-FC until age 19 or HS Graduation whichever comes first.
    • Youth must sign the SOC 155 Mutual Agreement in the month the youth attains age 18 to remain eligible and submit the SCD 441, School Enrollment Verification.
No Extended Foster Care eligibility.
Guardianship Established and Juvenile Court Dependency Continued
  • AFDC–FC payment continues.
  • Not KinGAP eligible until dependency is dismissed

Note:   If the child/youth court dependency is reinstated, even if the child/youth remains in the home of the legal guardian, KinGAP is terminated. Court dependents are not eligible for KinGAP payments.

 

Documentation

The social worker must document the following in the assessment of guardianship and must appear in the CWS/CMS case plan:

    1. A description of the steps the agency has taken to determine that it is not appropriate for the child/youth to be returned home or adopted;
    2. The reason(s) for any separation of siblings during placement;
    3. The reason(s) why a permanent placement (guardianship) with a fit and willing relative through a kinship guardianship assistance arrangement is in the child's best interests;
    4. The ways in which the child meets the eligibility requirements for a kinship guardianship assistance payment;
    5. The efforts the agency has made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of the reason(s); and
    6. The efforts made by the agency to discuss with the child's parent(s) the kinship guardianship assistance arrangement, or the reasons why the efforts were made not made; 
    7. Documentation of the child/youth’s attachment to the prospective relative guardian;
    8. The relative guardian has a strong commitment to caring permanently for the child; and,
    9. The child who has attained twelve (12) years of age has been consulted regarding the kinship guardianship arrangement. 

 

 

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Available Programs/Services for Children/Youth who are Receiving KinGAP

 

Children and Youth under a relative guardianship established in juvenile dependency court and receiving KinGAP are eligible for:

  • Monthly payments equal to the basic foster care rates
  • Annual Clothing Allowance
  • Medi-Cal
  • Special Care Increment (If eligibility criteria is met)
  • Independent Living Skills Program (ILP), when the youth reaches 16-years-old
  • Dual Agency Rate (If eligibility criteria is met)
  • Infant Supplement (If eligibility criteria is met)
  • Social Security benefits, if eligible under Social Security criteria
  • Extended KinGAP payments (under AB12), if KinGAP payments began when the youth was 16 years old or older
  • Allowance for Funeral Expenses
  • Continued KinGAP payments if the parent moves into the home of the relative guardian

 

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Social Worker Action to Initiate KinGAP  

When the social worker anticipates recommending that a guardianship be established in cases where relatives (traditional or fictive) are the child’s caregiver, the social worker must:

  1. Consult with the Eligibility Worker to determine if the child/youth is federally eligible. 
  2. Determine if the fictive relative is appropriate for guardianship and is interested in Kin-GAP.
  3. Review and complete the Agency/Relative Guardianship Disclosure (SOC369)   and Kinship Guardianship Assistance Payment (KinGAP Program Agreement Amendment (SOC 369A) and have signed by the potential guardian before the guardianship is established. 

The Foster Care Eligibility Bureau is located at 373 W. Julian, 5th floor, (408) 271-7400. 

Note:

The SOC369 is a written binding agreement entered into by the guardian and the county welfare agency, i.e. DFCS. 

At the hearing at which the social worker recommends the guardianship, the social worker should also recommend that dependency be dismissed in conjunction with the establishment of the guardianship.

Limited child welfare monitoring is provided to the relative guardians in the form of a reassessment of the child every two years.  However, the guardian may contact the Social Worker assigned to the case at any time to request a reassessment.

 

When a guardianship is pending the social worker:

  • Calls Foster Care Eligibility at (408) 271-7400 and requests that a KinGAP Information Sheet (SCD21) be generated for the prospective guardian child who is in a current eligibility case.
    • An eligibility worker takes down pertinent information from the social worker and verifies that the child meets all the basic requirements for the KinGAP program.
    • If the child qualifies, the eligibility worker completes basic eligibility information and funding rates on the SOC369.
  • Receives the SOC369 along with the partially completed SCD21 from the eligibility worker with basic eligibility information completed and the next reassessment date.
  • Schedules an appointment to meet with the family, assesses the child(ren)/youth, reviews the SOC369 with the guardians, and has them sign it.
    • The SOC369 must be signed before guardianship is ordered by the court. 
  • Reviews the Guardianship Pamphlet and Permanency Options Guide with the prospective guardians, if not already done.
  • Completes a Child Support Determination – Good Cause (CW51) for each guardian child, if there is not an existing CW51 in the case file that was completed by the Dependent Intake social worker.
    • Social Workers make a determination of good cause for not sending a referral to child support.
    • Attaches the SOC 369 to the Court report and proceeds with the court hearing recommending guardianship and dismissal of the dependency case.  

  

After guardianship is ordered by the court and the case is dismissed, the social worker:

  • Submits to the eligibility worker:  
    • Original SOC369 signed by the guardian
    • SOC 369A-signed by the guardian
    • SCD21-KinGAP Information Sheet
    • CW51- Child Support -Good Cause Claim for NonCooperation
      • Social workers make a determination of good cause to not send a referral to child support.
    • A copy of the Letters of Guardianship with the State seal, and
    • A copy of the court Minute Order stating that dependency is dismissed and guardianship was established.
      • After receiving the required documents, the eligibility worker sends the KinGAP application packet to the relative guardian. 
  • Works with the eligibility worker to ensure that all documents needed to establish KinGAP have been completed and received by the eligibility worker.

 

Dependent Intake Clerical:

After the court orders the guardianship, inputs “guardianship established” court results from the scratch calendar into CWS/CMS.  

 

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Closing the CWS/CMS Case and Setting Up the KinGAP File  

Social worker:

Prepares the case for closure and set up a KinGAP file with the following steps:

  • Make copies of the following documents:
      • CAT Closure Tool
      • Agency-Relative Guardianship Disclosure (SOC 369)
      • Letter of Guardianship
      • Latest court report
      • Birth Certificate
      • Social Security Card
      • DFCS Special Funds (SCZ414Z) – Special Care Increment (SCI), if applicable
      • Any other documents that may be useful for future reference  
       
  • Completes a Placement/Address Change (SCZ17), Scenario I and submits it to the Placement Tracking Team (PTT).
    • PTT uses “Guardianship Established, Relative” as the Placement Episode Ending reason.
  • Attaches the above list of copied documents on top of the case file before submitting to Clerical Staff.
  • Attaches a half memo sheet with a request that a KinGAP folder be set up.
  • Submits the case file with the attached documents and memo to the supervisor for case closing.

Social work supervisor:

  • Prepares the case for closure using usual steps for closing.
  • Uses “KinGAP” as the Case Closure Reason Type to close the case in CWS/CMS.
  • Submits the case file to Continuing Clerical staff with copied documents and memo attached to the top of the file for preparation of KinGAP folder.

Continuing Clerical:

  • Prepares a label with the case name (child’s name) and case number and applies it to the brown KinGAP Relative Guardianship folder.
  • Inserts the documents attached to the case file into the brown KinGAP folder.
  • Applies a 2x4 “Relative Guardianship Case” label to each volume of the case file to be sent to the Retention Center.
    • This will indicate that there is a parallel case for this child with additional information.
  • Returns the brown KinGAP folder to the assigned social worker.
  • Sends the case file(s) to the Retention Center.
  • Sends an email to the Dependent Intake Office Management Coordinator and Dependent Intake Control Clerk to notify of the KinGAP case.
    • The email should include the name of the social worker, name of the guardian, the guardian's address and phone number, the child's name, and the case number.

 

 


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Transferring and Closing a KinGAP Case  

Transferring a KinGAP case:

  • If an assigned KinGAP case is transferred within the unit, the supervisor will email the Dependent Intake Control Clerk that the case has been transferred.
  • If the case is not transferred within the unit the supervisor will email the Dependent Intake Control Clerk and request that the case be reassigned. 

The Dependent Intake Control Clerk will update the KinGAP listing with the newly assigned Social Worker. 

 

If the KinGAP case has closed:

Social worker and supervisor:

  • The social worker documents the reason the KinGAP case has closed and sends the file to the supervisor.
  • The supervisor will review the documentation and will send the case to continuing clerical to send to retention.

 

Continuing Clerical:

  • Request the Dependency case from retention and file the KinGAP case in the Court section of the file. 
  • Sends an email to the Dependent Intake Office Management Coordinator and Dependent Intake Control Clerk to notify that the KinGAP case has closed so the Dependent Intake Control Clerk can update the KinGAP listing. 
  • If the case file is with the adoptions or post adoptions units, send the case file to the assigned social worker to file with the adoptions case. 

 

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KinGAP Reassessments  

Every two years, a reassessment of a guardian child/youth receiving KinGAP must be completed.  To complete the reassessment, the social worker:

  • Receives an email notification from Dependent Intake clerical approximately 60 days before the reassessment is due stating the date the RRR paperwork is due to eligibility. 
    • Dependent Intake clerical will hand deliver the RRR packet to the social work supervisor approximately 45 days before the reassessment is due for distribution to the assigned social worker. 
  • Either schedules an in-person visit to reassess the child or contacts the guardian and guardian child by phone to inquire about the child's status.
    • If the social worker has never met the guardian family in-person, an in-person visit is required at the time of the reassessment.
  • Obtains the guardians' signature(s) on the SOC369A and the remainder of the RRR packet is left with the legal guardian to complete and mail back to eligibility.
    • If the contact is by phone, the SOC369A may be mailed to the guardian. Advise the guardian that the RRR packet including the SOC369A is going to be mailed and mail the packet to the guardian.
  • Documents the contact on an SOC909.
  • Initiates or updates supplemental payments as applicable.
  • Requests an updated SOC369A from the Eligibility Bureau, if a supplemental payment is initiated or renegotiated at the time of the reassessment
  • Submits the signed SOC369A to the eligibility Foster Care Eligibility Bureau, 373 W. Julian, 5th floor upon receipt of signature of the guardian.
  • If a Guardian refuses or does not want services, the social worker will return the RRR packet to 5th floor clerical, with a brief memo stating that the Guardian is refusing/declining services and the reason why.  The information will be documented and the RRR packet and memo will be forwarded to Eligibility. 
  • If the KinGAP case has closed, notify by email:
    • Foster Care Eligibility, Dependent Intake Office Management Coordinator and Dependent Intake Control Clerk that the case has closed. 
    • Give the case file to the Continuing Clerical Unit to send to retention. 

 

 

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Eligibility Budgeting Rules  

See the Social Services Agency Department of Employment and Benefits (DEBS) Foster Care Handbook, Chapter 36 for detailed information. 

To be eligible for KinGAP, a child must be under the age of 18. Once a child is determined to be eligible to receive KinGAP, the child remains eligible and benefits will continue unless one of the following occurs:

  • The child/youth has attained the age of 18; or
  • Up to age 19 as long as the youth is attending high school, vocational school or technical training school full-time or pursuing a General Equivalency Diploma (GED), is reasonably expected to complete school by their 19th birthday, continues to live with the KinGAP guardian, and signs the KG1, (Mutual Agreement) or
  • To age 21 if the youth has a qualifying physical or mental disability; or
  • For Traditional Relatives- Up to the age of 21 years old if the KinGAP payments started on or after the youth’s 16th birthday: 
    • At the age of 18 years, the Non-Minor Former Dependent must:
      • Sign the KinGAP Mutual Agreement for Non-Minor Dependent (KG3)  to continue to qualify for KinGAP and must meet one of the participation conditions;
      • Continues to live with his or her KinGAP Guardian.

Or

The county determines the guardian is no longer providing support to the child. 

    • This would apply if the guardianship was terminated and Court jurisdiction under W&IC sections 300, 601 or 602 is restored.
    •  If the child/youth court dependency is reinstated, even if the child/youth remains in the home of the legal guardian KinGAP is terminated. Court dependents are not eligible for KinGAP payments.

Or 

  • The child becomes legally emancipated, marries, dies, or enlists in the military. 

 

Note:

The Guardian is responsible for reporting changes, including changes in the needs of the child or the circumstances of the guardian that could affect payment to the Department if the youth fails to meet any of the requirements.

Additional Eligibility Criteria:

  • All children and Non Minors receiving KinGAP are entitled to the annual supplemental clothing allowance based on the payment county payment rate.
  • Special Care Increment (SCI) rates may be initiated at any point while the guardians receive KinGAP funds. 
  • SCI payments may be renegotiated while the guardians receive KinGAP funds.
  • As in foster care, when a child has a birthday which puts him/her in a higher age bracket, an automatic increase to the basic rate is granted.
  • Social Security Survivor's Benefits (SSA) paid to a KinGAP child is income to the child and is counted in total as a dollar for dollar reduction against the KinGAP payment.
  • Social Security Disability Benefits paid to a KinGAP child are income to the child and must be treated in accordance with the $225 disregard regulations.
    • Check Foster Care Eligibility at (408) 271-4700 for further details. 
  • Out of County KinGAP Placements:
    • If the caregiver moves to another county, the KinGAP rate is based on the county rates in which the court had jurisdiction over the legal guardianship.
  • Out of State KinGAP placements:
    • KinGAP recipients may move out of the state of California.
    • Kin-GAP payments are paid to a caregiver living out-of-state.
      • The KinGAP rate for out of state residences are based on the rate of the state in which the KinGAP child resides. 
    • The KinGAP child must have been a dependent of a California Court and dependency dismissed after January 1st, 2000.
    • If the child returns to California a new SOC369A will need to be completed to pay the California rate.
  • Redetermination of eligibility for all children receiving KinGAP benefits must be performed at least every two years.
  • Reassessments of the child must be completed at least every two years.
  • Prior to entering the KinGAP Program, the child may have been receiving either federal Aid to Families with Dependent Children - Foster Care (FC) or California Work Opportunity and Responsibility to Kids (CalWORKs) payments.
  • A child who is eligible for Title IV-E foster care funds is eligible for federal KinGAP funding, if the child meets all other criteria for KinGAP.
  • A child who was not eligible for Title IV-E foster care funding is eligible for state KinGAP funding, if the child meets all other criteria for KinGAP.


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Provision of Services by the Social Worker  

Provision of services by the social worker:

  • KinGAP child(ren) are not eligible for CalWORKs Employment Services Stage One child care services. Only needy caretaker guardians who are participating in Welfare-to-Work activities are eligible for child care through the CalWORKs program.   
  • A relative guardian receiving KinGAP payment on behalf of the guardian child is not eligible for child care subsidy for the guardian child.


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Caregiver's Required Agreements  

Caregivers who receive KinGAP payments on behalf of their guardian child must agree to certain responsibilities.  Those responsibilities include:

  • To give the Agency information on the child’s immigration status if requested.
  • To give the Agency the Social Security Number (SSN) for each applicant or recipient of KinGAP or to give proof to the Agency that the caregiver has applied for a SSN within 30 days of application for KinGAP and give the SSN to the Agency when issued.
  • To give proof that the child if of school age is attending school.
  • To assure that a child under six-years-old receives age appropriate immunizations.
  • To agree to cooperate with having a social worker to come to the caregiver’s home at any time to verify facts, including seeing each family member, without an appointment.
  • To apply for any other income benefits to which the caregiver may eligible, such as Disability benefits or Veteran’s benefits.
  • To be willing to cooperate with the locating of absent parents in pursuit of child support.
    • Non-referral to child support may continue if the social worker determines that it is in the child’s best interest.
  • To cooperate with identifying the paternity of the child.  

 

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Caregiver's Reporting Responsibilities  

A caregiver who receives KinGAP payments on behalf of a guardian child has a duty to report to the Agency all changes related to the child within five (5) days of the change.  Those changes include when:  

  • For a youth over 18, report if he or she isn’t meeting the participation criteria.  
  • The child receives money from any source, including employment, a settlement, and inheritance.
  • The child age 16 or older starts or stops school, college, or training.
  • The child moves out of the caregiver’s home.
  • The child gets married, separated, divorced, or dies.
  • The child’s physical or mental illness begins or ends.
  • The child becomes pregnant or gives birth.
  • The child or caregiver goes to or is released from jail or prison or juvenile hall.
  • The child’s parents move into the home.
  • Telling the Agency about medical coverage or money for medical services paid by either parent. 

 

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Caregiver's Rights  

The caregiver who receives KinGAP payments on behalf of a guardian child has certain rights which include the right:

  • To tell the Department if the child has a disability and needs help applying for or continuing to receive KinGAP cash aid, benefits, and services.
  • To continue getting KinGAP and Medi-Cal benefits without a break, if the caregiver moves from one county to another if the child remains eligible.
  • To file a grievance if the caregiver does not agree with an action taken by the Department.

 

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The Child's Rights and Responsibilities  

The child or Non Minor who is eligible for the KinGAP program has certain rights and responsibilities under the program.  There are also some limitations. The rights, responsibilities, and limitations for the youth include:

  • Being eligible for Independent Living Program (ILP) services when the youth attains the age of 16 and the child requests ILP services.  Refer to OPP 6-7, Independent Living Skills Program (ILP) for further information on ILP referral process).
  • Continuation of Infant Supplements and/or the $200 Whole Family Foster Home payment if the youth received these supplements while a dependent of the court.
  • Not being eligible for the Chafee Educational/Training Voucher unless the youth remains in foster care until age 16 prior to the transfer to KinGAP.
  • Not being eligible for the Transitional Housing Program or the Transitional Housing Program Plus.
  • Permission to have dedicated savings accounts.
    • These accounts can be utilized to save money for the purchase of a home, to pay for education or training, or to start a new business.

 

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Other Information and References  

A child may return to foster care from KinGAP and receive foster care payments if:

  • The Juvenile Court terminates the Guardianship and reinstates Court Dependency or,
  • A Voluntary placement Agreement has been signed and, 
  • All other foster care eligibility requirements are met
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Other References  
PDF OPP 6-7, Independent Living Skills Program (ILP)
PDF OPP 4-3, Transitional Independent Living Plan (TILP)
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