Guardians

The Foster Care Relative Caregiver Documentation Chart form (SCD 1383-FC) is required in the Kin-GAP case record to establish the relationship between the child and the caregiver. Document the case record with the relationship between the child and the guardian.

For Kin-GAP purposes, relinquishment of parental rights does not affect relatedness. A relative, which falls within the fifth degree of relatedness remains a relative for Kin-GAP, even after parental rights have been terminated and the child is now FREED for Adoption.

Legal Guardianship Under WIC 366.26

Legal Guardianship must have been established by the court under WIC 366.26.

Dependency dismissed after January 1, 2000

Relative Legal Guardians who have a guardianship before the implementation of Kin-GAP, but had court dependency dismissed after January 1, 2000, are eligible for Kin-GAP payments, provided all other eligibility criteria is met and a NEW legal guardian assessment is completed by the child’s SW. WIC Code 11363(a) (4), states legal guardianship must be established concurrently or before the dismissal of dependency.

ExampleExample

A relative legal guardian is currently receiving foster care payments for a child with court dependency. The guardianship was established December 1999. Court dependency was dismissed December 2001. The child is entitled to the Kin-GAP program.

Note: In the above example the Kin-GAP child/youth is only eligible for the State Kin-GAP Program (refer to section 36.4).

Subsequent Guardians

WICs 361.3, 361.4, 366.3, 11360, 11363, 11385, 11386(i) and 11386 (i)(3), ACLs 15-66, 25-39

Federally Funded Kin-GAP – Successor Guardian 

If the current guardian dies or is incapacitated and a successor legal guardian was named in the agreement (SOC 369) or any amendments to the agreement (SOC 369A), the child will continue to be federally eligible for Kin-GAP benefits upon the court’s appointment of the successor legal guardian, assuming all other conditions continue to be met. 
The successor guardian does not have to be a relative, non-related extended family member (NREFM), or extended family member in the case of an Indian child, for the child to continue to be eligible for federally funded Kin-GAP. To ensure eligibility is maintained for federally funded Kin-GAP cases, it is strongly recommended that a successor guardian be named when executing the initial Kin-GAP agreement. If the current guardian is unable, or is unwilling, to identify a successor guardian at the time of the initial agreement, a successor guardian may be subsequently named in an amendment to the agreement. 

Important: If a successor guardian was not named in the initial Kin-GAP agreement or in any amended agreement, Kin-GAP eligibility may continue under the state-funded Kin-GAP program if a new alternate or co-guardian is appointed.

A new Kin-GAP agreement between the successor guardian and the county must be signed before the court’s appointment of the successor. Kin-GAP payments will resume if it has been determined that the guardian meets all eligibility requirements listed at WIC Section 11386(i) and the court has made the guardianship appointment.

State Funded Kin-GAP – Alternate or Co-Guardian

In circumstances when a change in guardian is necessary, an alternate guardian or co-guardian who is also a kinship guardian may be appointed by the juvenile court pursuant to WIC Section 366.3. The subsequent guardian need not have been named in the initial Kin-GAP agreement or any amendment. 

Requirements for All Subsequent Guardians

The prospective subsequent guardian (i.e., alternate guardian, successor guardian, or coguardian) must meet the following assessment requirements:

 1. Consideration of factors listed at WIC Section 361.3.

2. An in-home inspection to assess the safety of the home and the ability of the prospective successor guardian to care for the child(ren)’s needs pursuant to WIC Section 361.4(a)(1). 

•    This in-home inspection is intended to ensure that there are no imminent health and                   safety risks to the child(ren). The RFA standards and forms do not apply to this 

        requirement. 

3. A state-level criminal records check through the California Law Enforcement. Telecommunications System (CLETS) for all persons over 18 years of age living in the home pursuant to WIC Section 361.4(a)(2). 

4. A check of allegations of prior child abuse or neglect concerning the prospective successor guardian and other adults residing in the home pursuant to WIC Section 361.4(a)(3). 

5. A live scan fingerprint check of the prospective successor guardian and any other person over 18 years of age living in the home to determine whether the person has ever been convicted of a crime other than a minor traffic violation pursuant to HSC Section 1522. If there are any arrests requiring investigation pursuant to HSC Section 1522(e) or any convictions requiring an exemption pursuant to HSC Section 1522(g), the clearance or exemption must be granted prior to the issuance of any Kin-GAP funding. 

6. If the youth in the Kin-GAP case is under 18 years old, the “Successor Guardian Assessment” form (SCZ 1591) must be sent to the FC EW.

7. A new period of 6 months in the placement with the approved subsequent guardian is not required nor is resource family approval (RFA).

When To Open A New Kin-GAP Case

Scenario 1 - A guardianship is ordered for two people whose names appear on the guardianship letters and the Kinship Guardianship Assistance Payment Program Agreement Amendment form SOC (369A). If one of the guardians dies or becomes incapacitated, the other will continue as the sole guardian. In this situation, a new KG case is not opened and payments would seamlessly continue to the existing guardian.


Scenario 2 -  All other changes in guardianship will require a new Kin-GAP case to be opened. Kin-GAP payments to the subsequent guardian may begin the day all requirements are met and the following documents are received:

  • Copy of 366.26 or 388 Court Order used to  appoint an alternate guardian
  • Letters of Guardianship
  • Statement of Facts Supporting Eligibility for Kinship Guardianship Assistance Payment Program form (KG 2)
  • Kinship Guardianship Assistance Payment Program Agreement Amendment form
    (SOC 369A)
  • Successor Guardian Assessment form (SCZ 1591) if the youth is under 18.

Payment Aid Code and Rate

When the original Kin-GAP case was state-funded, the subsequent new case will remain non-federally funded. 
When the original Kin-GAP case was federally funded and 
•    A successor guardian was not named in the initial Kin-GAP agreement or in any amended agreement
•    OR  The new Kin-GAP agreement between the successor guardian and the county was signed after the court’s appointment of the successor 
The subsequent new case will only be eligible for the state-funded Kin-GAP program.

The payment rate is based on the date the successor guardianship began. 

Related Topics

Kinship Guardianship Assistance Payment Program