Guardians

Traditional Relative Guardians

EAS 90-105

The Traditional Relative Guardian for Kin-GAP purposes is the individual who:

  • Has the appropriate fifth degree of kinship relatedness to the child
  • Lives 6 consecutive months with the child
  • Has court appointed Legal Guardianship under WIC 366.26
  • Must have juvenile court dependency dismissed on or after January 1, 2000.

Fifth Degree of Kinship

EAS 90-101

The Relative Guardian may be related by blood, marriage, or adoption and is within the fifth degree of kinship to the child. An acceptable Relative Guardian is the:

  • Parent (1st degree)
  • Grandparent or sibling (2nd degree)
  • Great grandparent, uncle or aunt, niece or nephew (3rd degree)
  • Great-great grandparent, great uncle or aunt, or first cousin (4th degree)
  • Great-great-great grandparent, great-great uncle or aunt, or first cousin, once removed (5th degree).

    • Note: Click for the definition of Relative. 

 

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

Lives 6 consecutive months with the Kin-GAP Child

The child must have been formally placed by child welfare services with the approved caretaker/guardian for 6 consecutive months via a voluntary placement agreement or dependency.

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).

Fictive Relative Guardians

ACL 14-28

Relatives for the purpose of federal Kin-GAP have been expanded by the state to include “Fictive Relatives”. Effective May 19, 2014, SW/PO can approve fictive relatives under same requirements as traditional relatives except providing proof of kinship. It is the SW/PO responsibility to determine eligibility and it must be documented in the CWS/CMS and the child’s case file.

Important: The Intake EW must add the case flag “Fictive Relative” when processing the Kin-GAP case and include a Journal entry documenting that the caregiver is a fictive relative.

Fictive Relatives For Federal Kin-GAP

  • An adult who meets the definition of an approved NREFM.
  • An adult who is either a member of the Indian child’s tribe or an Indian custodian.
  • An adult who is the current foster parent of a child under the juvenile court’s jurisdiction:
    • Who has established a significant and family-like relationship with the child
    • The child and DFCS/JPD, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state where that adult is identified as the child’s permanent connection.

Losing Federal Eligibility

Upon turning 18 years old, if the youth does not have a documented mental or physical disability, and the agreement was signed before turning 16, the youth loses their federal eligibility, but is eligible to receive non-federal AFDC-FC benefits as a NMFD.

To remain eligible for benefits the youth must complete a “Mutual Agreement for Extended Foster Care” (SOC 162) in the month of turning 18 years old. When the SOC 162 is received, the continuing FC EW must forward the SOC 162 to the appropriate FCE staff for a new intake assignment.

The Kin-GAP program is discontinued and the closed foster care is re-opened or a new EFC case must be established. This is an intra-program status change, therefore benefits discontinue at the end of the month and EFC benefits are effective the first day of the following month after the youth has turned 18.

Alternate, Co-Guardian or Successor Guardian

WIC 361.3, 361.4, 11360, 11385, ACL 15-66

The terms “alternate,” “co-guardian,” and “successor” guardian are interchangeable. The terms alternate and co-guardian refer to state-funded Kin-GAP and successor guardian refers to the federal-funded program. For purposes of this handbook, the term successor guardian will be used.

The successor guardian is someone who can take over as a child’s guardian in the event that the originally appointed  guardian cannot continue in that role (usually due to death or disability).

The named successor guardian must have their home visited and assessed by a county social worker, and the “Successor Guardian Assessment” form (SCZ 1591) must be sent to the FC EW. A new period of 6 months in the placement with the approved successor guardian is not required nor is 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 - A guardianship is ordered to the person(s) named on the guardianship letters and the SOC 369A.  The guardian(s) names a successor on the SOC 369A form but this person is not named in the guardianship letters. If the original guardian(s) can no longer care for the child, the KG case must be closed and the payment would stop. A new KG case must be opened to establish the successor case. Kin-GAP payments to the successor 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).

Payment Aid Code and Rate

The payment aid code (fed or non-fed) will follow the child. For example, if the first Kin-GAP case was assessed as federal, the successor case will also be federally funded.

The payment rate is based on the date the successor guardianship began. The payment rate does not follow the child.

Related Topics

Kinship Guardianship Assistance Payment Program