Needy & Non-Needy Caretaker Relatives

Needy Caretaker Relative

General

A needy caretaker relative may apply for and receive CalWORKs, if otherwise eligible, when the child on whom deprivation is based:

Is an otherwise eligible SSI/SSP child (Zapata case), or
Is eligible to receive federal Foster Care benefits,
Is eligible to receive Kin-GAP benefits and the caretaker relative is the court appointed legal guardian of the child (Aid Code 4F or 4G).

Example Example The grandmother of an SSI/SSP child whose parents are absent, applies for CalWORKs as a needy caretaker relative. If the grandmother meets all the CalWORKs eligibility conditions, she can receive CalWORKs for herself only.

Example Example The household consists of a mother who has no income, her two children who receive $750 in child support, and her niece who receives Foster Care. If the aunt meets all the CalWORKs eligibility conditions, she can receive CalWORKs for herself only, based upon the deprivation of the niece receiving federal Foster Care.

Example Example The household consists of a grandfather who receives retirement income, a grandmother who has no income, and their grandson who receives Kin-GAP (Aid Code 4F). The grandmother states that she is the court-appointed legal guardian relative caregiver of the grandson. The EW must determine her CalWORKs eligibility, remembering that the grandfather's income cannot be counted unless he makes it available to her either in cash or through income-in-kind.

Non-Needy Caretaker Relative

"Non-Needy Relative Statement" (SCD 345)

When the caretaker is a non-needy relative and is not in the AU, it is important to determine if the caretaker makes any contribution to the child. The caretaker must complete SCD 345 at application or when there is a change in caretaker relatives. A new SCD 345 is not required at redetermination unless there is a change.

Miller v. Youakim

Miller v. Youakim is a court order that requires that a child placed with an approved relative caregiver, who is not financially responsible, be considered for either CalWORKs or federal Foster Care. The child must meet the eligibility requirements and be placed by a court order. Once this has occurred, the relative is offered a choice and must choose either federal Foster Care or CalWORKs.

Note: Approved relative caregivers are not eligible to State-Only Foster Care.

Ineligible to Miller vs. Youakim

In the following situations, the caretaker relative is not eligible to Foster Care and therefore does not have the option of choosing between Foster Care or CalWORKs:

The child does not meet federal Foster Care eligibility requirements.
The child/infant lives with a minor parent who is a Foster Care recipient.
The parents or relative, from whom the child was removed, lives in the same home where the child is placed.

If the child is not eligible for federal Foster Care, the approved relative caregiver may apply for benefits through either the Approved Relative Caregiver (ARC) program or CalWORKs.

CW 2219 and CW 2218

If the approved relative caregiver chooses to apply for CalWORKs benefits on behalf of the child, they must complete the CW 2219 (Application for CalWORKs - Non-Needy Caretaker Relative With Relative Foster Child) and CW 2218 (Rights, Responsibilities and Other Important Information for the CalWORKs Program - Non-Needy Caretaker Relative With Relative Foster Child). A separate application is required for each child for whom the non-needy relative caretaker is applying.

The CW 2218 is specific to non-needy caretaker relatives. Although a separate CW 2219 is required for each child, one CW 2218 may be completed if the non-needy caretaker relative is applying for several relative foster children at the same time.