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Federal Kin-GAP Participation
In addition to the General Eligibility requirements, all of the following criteria must be met for federal Kin-GAP.
1. The child/youth must be either a United States Citizen or a Qualified Alien.
2. Before legal guardianship is granted, the child must have been determined eligible for federal AFDC-FC. To verify a foster child’s eligibility for Title IV-E Kin-GAP benefits, eligibility documentation must include the FC 2, FC 3, FC 3A, and/or SOC 158A.
Note: Title IV-E foster care payments do not need to have been issued during the time the child lived with the prospective guardian, provided the child was otherwise federally eligible, and the prospective guardian was approved as a resource family home (RF) or a tribally approved home (TAH).
3. The child must have been residing for at least six consecutive months in the approved home of the prospective guardian, as defined by WIC 11391:
- A home approved as a resource family home while caring for the child in the foster care case. This is evident by the Resource Family Approval form RFA 05
- A tribally approved home.
Important: If the caregiver is a fictive relative, the Intake EW must add the case flag “Fictive Relative” when processing the federal Kin-GAP case and include a CalSAWS Journal documenting that the caregiver is a fictive relative.
4. The Agency-Relative Guardianship Disclosure form (SOC 369) and the Kin-GAP Program Agreement Amendment form (SOC 369A) forms must be completed and signed by the prospective guardian before the guardianship order is granted. The guardian is encouraged to identify a successor guardian in the event of death or incapacity on the SOC 369A. These forms are completed when the prospective guardian and the SW/PO meet (either in person or by phone).
Reminder: Failure to sign the agreement before the guardianship order will make the child ineligible for federal Kin-GAP. In this situation, the case may be funded through state Kin-GAP if all other criteria have been met.
Note: If the Social Worker/Probation Officer (SW/PO) and the guardian cannot reach an agreement regarding the payment amount, the SW/PO will complete the SOC 369A and have the guardian sign the form indicating the guardian disagrees with its terms and requests a state hearing. If the guardian refuses to sign the SOC 369A, then the child is ineligible for participation in the Kin-GAP Program. Upon processing of the application, a valid NOA must be sent informing the guardian of the negotiated payment amount and how to request a state hearing if the prospective guardian disagrees.
Siblings
WIC 11388
As long as one sibling is federally eligible, all other siblings placed under the same guardianship are automatically deemed federally eligible. There is no requirement that the siblings be placed at the same time. This includes step-siblings, half-siblings, and adoptive siblings of the eligible child.
Related Topics
Kinship Guardianship Assistance Payment Program