Definitions 

The Kin-GAP Program serves children exiting the foster care system who enter a guardianship with a relative. The children may have been receiving either AFDC-FC or CalWORKs benefits before entering the Kin-GAP Program.

Definitions 

EAS 90-101(r)(1)

Assistance Unit (AU)

Each Kin-GAP child has their own separate AU, even if there is a sibling(s), another Kin-GAP child, or a needy caregiver living in the home.

Exception: The child of a Kin-GAP child is included in the Kin-GAP child’s AU and is eligible to receive an infant supplement.

County of Payment Responsibility

The county of payment responsibility is the county that had the dependency of the Kin-GAP child (placing county) at the time the legal guardianship was established.

Face-to-Face Interview

Guardians of Kin-GAP children are exempt from face-to-face interview requirements. They should always be given the option for a face-to-face interview if that is their preference.

Federal Kin-GAP 

The federally funded Kin-GAP program.

Kin-GAP Eligible Child

Kin-GAP is available to foster care and JPD children exiting the juvenile court dependency system on or after January 1, 2000, and living with a relative or fictive relative legal guardian. The child must have been formally placed by the DFCS or JPD and lived with the approved caregiver for at least 6 consecutive months. The juvenile court dependency must be dismissed prior to the approval of Kin-GAP.

Legal Guardian

An LG is a person who is given the legal authority and responsibility to care for a child.

Maximum Aid Payment (MAP)

Rates for Kin-GAP cases where dependency was dismissed before May 1, 2011, are based on the Licensed FFH rates established before May 1, 2011. These payments are age-based.

Rates for Kin-GAP cases where dependency was dismissed on or after May 1, 2011, through December 31, 2016, are identical to the FFH rates established on May 1, 2011. These payments are age-based.

Rates for Kin-GAP cases where dependency was dismissed on or after January 1, 2017, are based on the CCR Basic Level rate effective January 1, 2017. These rates are no longer based on age. Refer to Foster Care Charts.

Beginning Date of Aid (BDOA)

Foster care payments must stop on the date dependency is dismissed. Kin-GAP payments may begin in the same month FC payments end, and the first Kin-GAP payment will be prorated.

Note: When a Kin-GAP child has a birthday that puts him/her in a higher age bracket, an automatic increase is granted on the first of the following month, except when the youth’s birthday falls on the first day of the month. When the birthday falls on the first day of the month, the payment is prorated for the entire month; thus, the increase is for the entire month.

Recipients

Kin-GAP children are treated as recipients, as opposed to applicants, when transferring to the Kin-GAP program. Therefore, regarding the CalWORKs income and property limits, they will be entitled to the higher recipient limits.

Relative (Traditional) For State Kin-GAP

EAS 90-101.1 (r) (1)

  • An adult who is related to the child by blood, adoption, affinity within the fifth degree of kinship, including stepparents, step-siblings, and all relatives whose status is preceded by “great,” “great-great,” or “grand” or the spouses of any of these relatives even if the marriage was terminated by death or dissolution. Refer to Definition of Relative.
  • Tribal appointed guardian.

Relative (Traditional and Fictive) For Federal Kin-GAP

WIC 11391(c)

Relatives for federal Kin-GAP are defined as:

  1. An adult who is related to the child by blood, adoption, or affinity within the 5th degree. Refer to Definition of Relative.
  2. An adult who meets the definition of an approved nonrelated extended family member (NREFM).
  3. An adult who is either a member of the Indian child’s tribe or an Indian custodian.
  4. 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, and the child and the Department of Family and Children's Services (DFCS), Juvenile Probation Department, Indian tribe, consortium of tribes, or tribal organization that has agreed with the state where that adult is identified as the child’s permanent connection.
  5. An adult who meets the definition of an extended family member as described in Section 1903 of the federal Indian Child Welfare Act of 1978,

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

Relative Guardian

A relative guardian is a relative who exercises responsibility for the day-to-day care and control of a related child.

 

 

Related Topics

Regulation Requirements