Federal and State Participation for Fictive Relatives

When a federally eligible child/youth enters the Kin-GAP Program with a legal guardian who is a fictive relative established by juvenile court, the child’s eligibility for benefits is similar to that of a child/youth who enters guardianship with the traditional relative. Specifically:

• If the youth has a medical or mental health condition that warrants continuation of assistance, the youth is eligible to continue federal Kin-GAP benefits up to age 21, regardless of the age of the youth at the time the negotiated agreement became effective.
• If the youth was 16 or older when the negotiated agreement became effective, the youth is eligible for federal Kin-GAP benefits up to age 21, if he/she meets at least one of the continued participation requirements under the EFC Program for NMFD. Refer to Kin-GAP Requirements.

Except:

If the youth was under age 16 when the negotiated agreement became effective with a fictive relative and the youth does not have a medical or mental condition, non-federal extended benefits up to the age of 21 may be paid, and the youth is participating in the EFC Program for NMFDs. In this situation and for purposes of extended benefits, the guardianship is treated as a Non-Dependent Non-Related Legal Guardianship. 

The former foster care case must be reopened to continue benefits until the age of 21. If there was no former foster care case then a new non-federal foster care case must be created.

Reminder: Since these NMFDs are no longer court dependent they are not eligible for the FFY Medi-Cal program.

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.

 

Related Topics

Kinship Guardianship Assistance Payment Program