Exemption Based on Needy Nonparent Relative

[EAS 42-712.45]

Cares for a Dependent/Ward of the Court or a Child at Risk of Placement in Foster Care, or is the Legally Appointed Guardian of a Child who Receives Kin-GAP Assistance

A needy nonparent caretaker relative is exempt from the registration requirement when the caretaker has primary responsibility for a child who:

  • Is a dependent or ward of the court,
  • Is determined to be at risk of placement in Foster Care, or
  • Is a Kin-GAP recipient and the relative caregiver is the legally appointed guardian.

To qualify for this exemption it must be determined that the caretaking responsibilities:

  • Are beyond those considered normal day-to-day parenting responsibilities, and
  • Impair the caretaker relative’s ability to be regularly employed or to participate in self-sufficiency activities.

Note: If a client cannot participate the full 32 hours per week CWES requirement because he/she must care for a child in the above category, he/she is exempt. There are no partial exemptions.

Verification

Written verification must be obtained from the Social Worker/Domestic Violence Advocate and filed in the case that shows that the child is:

  • A dependent or ward of the court, or
  • At risk of being placed in Foster Care.
  • Receiving Kin-GAP and the relative caregiver is the legally appointed guardian.

The EW must document on the Case Comments window, the condition or circumstance that makes the caretaking responsibilities beyond those considered normal day-to-day parenting responsibilities, and how these caretaking responsibilities interfere with the caretaker’s ability to be regularly employed or to participate in self-sufficiency activities.

This exemption is not available if the client is employed 32 hours or more per week.

Cal Learn

This exemption, nonparent relative caring for a child who is a dependent/ward of the court or a child at risk of placement in Foster Care, or legal guardian of a Kin-GAP child does not apply to a pregnant or custodial teen parent. Refer to Cal Learn [EAS 42-762] for an explanation of the Cal Learn program.

Review

This exemption must be reviewed at the earliest of the following:

  • At RD, or
  • When the circumstance is expected to end, if the duration is expected to be less than one year, or
  • When the EW believes there has been a change in the client’s circumstances which would affect the exemption.

Related Topics

CalWORKs Employment Services Program