Kin-GAP Nonrecurring Cost for Legal Guardians

AB 212 was signed into law on October 4, 2011, clarifying non-recurring costs issues pertaining to the Kin-GAP Program. On and after January 1, 2012, reimbursement shall be made for reasonable and verified nonrecurring expenses associated with obtaining legal guardianship not to exceed $2000.

Examples of reasonable and verified expenses that may be eligible for reimbursement include, but are not limited to:

Transportation cost for attending the hearing(s) associated with obtaining the legal guardianship, including mileage and parking.
- Note: Transportation cost to bring the dependent child to the hearing(s) that are already part of the foster care maintenance payment and must not be included.

Cost of lodging and food for the prospective legal guardian to attend the hearing.
Documented out-of-pocket attorney’s fees associated with obtaining legal guardianship.

Counties have some flexibility in determining what constitutes reasonable cost in each case.

Documentation

The “Kinship-Guardianship Assistance Payment (Kin-GAP) Program Nonrecurring Legal Guardianship Expense Agreement” (KG 4) must be signed by the prospective legal guardian and a representative of the responsible public agency before the submission of the “Kinship-Guardianship Assistance Payment (Kin-GAP) Program Nonrecurring Legal Guardianship Expenses” (KG 5) form, to submit a claim for payment. It is recommended that all parties sign the KG 4 form at the same time the SOC 369 and SOC 369A forms are signed.

The KG 5 is to be used by the legal guardian as a claim for payment. The appropriate documentation should be attached to the fully executed KG 5. If necessary, more than one KG 5 form may be used.

Reimbursement shall not be made for costs otherwise reimbursed from other sources, including foster care maintenance payments. The legal guardian must attach receipts or other documentation for the expenses to the KG 5. Copies of executed forms may be provided to the legal guardian.

Note: Currently DFCS is working on a process to implement the Non-recurring Kin-GAP cost.

Rate Charts

All necessary rates are available in the Charts Handbook Chapter 3.

Aid Payment Principles

EAS 44-301 - 44-309

Aid Payments

The payee of Kin-GAP payments is the guardian. Kin-GAP aid payments are payments delivered to the guardian on behalf of the Kin-GAP child. Aid payments are for the recipient only, and are not income to any other person.

The guardian is responsible for managing and administering the Kin-GAP grant and is therefore liable for any overpayment in this assistance unit (AU).

Delivery of Warrants

Kin-GAP warrants can be mailed outside of California but not out of the country. In the current payment cycle benefits are authorized at the end of the current month and issued on the first day of the following month for the current month.

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