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Federal Kin-GAP Participation
In order to be eligible under the Federal Kin-GAP Program a child/youth must be either a United States Citizen or Qualified Alien.
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.
In addition to residency requirements, documentation must be received that the dependent child or ward has resided with the approved caregiver (prospective guardian) for at least six consecutive months. This is evidenced by the RFA 05.
Note: A new period of six months in placement with the successor guardian is not required; however, the Kin-GAP payment cannot resume until the successor guardian meets all eligibility requirements. For more information refer to Alternate, Co-Guardian or Successor Guardian.
Documentation for Title IV-E eligibility must be provided to determine if the case will be in the federally-funded Kin-GAP program. 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. If the child is not Title IV-E eligible, the case must be placed in the state-funded Kin-GAP Program.
The “Agency-Relative Guardianship Disclosure” (SOC 369) and the “Kin-GAP Program Agreement Amendment” (SOC 369A) forms are completed by the guardian. 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 guardian and the SW/PO meet (either in person or by phone) and must be signed before the establishment of guardianship.
Note: When the dependency is dismissed and the guardianship is established later this is a problem because the guardianship must be established prior or concurrently with the termination of dependency for a case to be eligible for either federal/non-federal Kin-GAP.
If not already provided, determine whether the child should be assessed for additional rates such as the SCI rate or dual agency rate. This will be evident in the FC 2 and the SOC 369A. The Kin-GAP payment cannot exceed the amount the child would have received while in foster care.
The current version of the “Statement of Facts Supporting Eligibility for Kin-GAP Program” (KG 2) form must be signed and completed by the prospective guardian.
When an agreement regarding the payment amount cannot be reached between the SW/PO and the guardian, 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. When the guardian refuses to sign the SOC 369A, the guardian 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.
Multiple Placements
W&IC 11388
As long as one sibling is federally eligible, all other siblings placed under the same guardianship arrangement are automatically deemed federally eligible. There is no requirement that the siblings be placed simultaneously. This includes step-siblings, half-siblings, and adoptive siblings of the eligible child.
Related Topics
Kinship Guardianship Assistance Payment Program