Regulation Requirements

The following eligibility requirements are effective as of January 1, 2011. Relative guardianship must be established under WIC Section 366.26, and juvenile court dependency must be dismissed under WIC Section 366.3 any time after January 1, 2000.

In addition, under the expansion program effective January 1, 2014; The expanded definition of a relative cannot be applied retroactively to convert guardianship cases that are currently receiving non-federal AFDC-FC payments to the federal Kin-GAP program, regardless of whether the child was federally eligible while a dependent.

To qualify for the state or federally-funded Kin-GAP, a child must have:

Been removed from the parental home under a voluntary placement agreement or as the result of a judicial determination to the effect that continuation in the house would be contrary to the welfare of the child and has been adjudged a dependent child of the juvenile court or, effective October 1, 2006, a ward of the juvenile court.
Been residing for at least six (6) consecutive months in an approved caregiver home while under the jurisdiction of the juvenile court or a voluntary placement agreement, or of a previously approved guardian,

Exception: A new period of six months in placement with the successor guardian is not required, nor is Resource Family Approval. Refer to Guardians for more information.

For State Kin-GAP, if the guardian fails to negotiate a written binding agreement before the establishment of the guardianship and the child still meets all other eligibility criteria, the child is only eligible for state-funded Kin-GAP,
Kinship guardianship established and dependency dismissed or wardship terminated concurrently or subsequently to the establishment of the kinship guardianship,
When the dependency is left open by court order, and the child meets all other eligibility criteria when the dependency is dismissed, the child may be eligible for Kin-GAP, and
Guardianship established by the juvenile court with “fictive” relative of a federally eligible dependent or ward on or after May 19, 2014, are eligible to enter the federal Kin-GAP Program assuming all other eligibility conditions are met. Including the execution of the Negotiated Agreement (the signing of the SOC 369 and SOC 369A) before the establishment of guardianship.

Additionally, the county SW/PO must document in the guardianship case study that:

Being returned home or placed for adoption are not appropriate permanency options for the child.
The child demonstrates a strong attachment to the prospective guardian.
The guardian has a strong commitment to caring permanently for the child.
The child who has attained 12 years of age has been consulted regarding the kinship guardianship arrangement.

The Kin-GAP payment will continue as long as the guardian continues to support the child/youth, even if the relative moves out of state. However, Kin-GAP payments are not issued outside of the United States:

Support may include any type of financial contribution, such as maintaining a room for the youth, covering the costs for clothing, personal incidentals, tuition, or therapy, or paying for other expenses related to the child’s care.
The agency may continue payments if the youth is an NMFD and moves to attend post-secondary school or otherwise lives independently of the guardian as long as the guardian continues to provide support to the child.
If the child leaves the guardian’s home while still a minor for the above reasons, the payment to the guardian may continue provided that the county agency makes a good cause determination for the child’s absence from the guardian’s home. The SW/PO must make the determination.

The Kin-GAP program is subject to CalWORKs requirements with the following exceptions:

County of Payment Responsibility:
- The county of payment responsibility will be the county that had the dependency of the Kin-GAP child (placing county) at the time the guardianship was established.
AU:
- Each Kin-GAP child will have their own case file, even if there is a sibling(s) or a needy caregiver living in the same home.
CalWORKs Special Needs
- Kin-GAP children are not eligible for CalWORKs Special Needs (i.e., pregnancy, special diet).
MAP:
- Payment rates for the Kin-GAP program are based on three tiers and are identical to the foster care licensed FFH rate payments, including counties with different rates.
Recipients:
- Kin-GAP children will be treated as recipients instead of applicants when transferring to Kin-GAP. Therefore, they will be entitled to the higher CalWORKs income and property limits. This status continues even if the case is discontinued and later reestablished.
Face-to-Face Interviews:
- Guardians of Kin-GAP children are exempt from the face-to-face interview requirements for the Kin-GAP child. This does not exempt the guardian from any other required interview for aid for themselves or other children living in their home.
Placement Requirements:
- The placed child must live in the approved home with the legal guardian. The child must have lived with the caregiver for six (6) consecutive months before entering the Kin-GAP Program. The FC EW must verify that the child has been placed with the caretaker for six consecutive months.
Court Requirements:
- The child must have been a dependent of the court, and dependency must be dismissed on or after January 1, 2000, and before entering Kin-GAP.
Immediate Need:
- The Kin-GAP eligible child is NOT eligible to receive immediate need payment
Reduced Income Supplemental Payments (RISP:
- The Kin-GAP child is NOT entitled to RISP when income stops or starts.
Cal-Learn EAS 90-110:
- The Kin-GAP child is NOT eligible for CalLearn Services.
Maximum Family Grant (MFG:
- The MFG rule DOES NOT apply to the Kin-GAP program.
Deprivation of Parental Care EAS 41-400:
- Deprivation of parental support or care is a separate and specific eligibility factor for CalWORKs. For Kin-GAP, absent parent deprivation automatically exists for the Kin-GAP child.
Child Care EAS 90-110:
- Kin-GAP child(ren) are NOT eligible for CalWORKs Employment Services Stage One child care services. Only needy caretaker guardians participating in Welfare-to-Work activities are eligible for child care through the CalWORKs program.
Overpayments:
- Effective January 1, 2011, Kin-GAP overpayments no longer follow the same methodology as the CalWORKs program. Overpayments that are exclusively the result of a county administrative error the guardian did not know and did not contribute to the cause of the overpayment are not collectible unless the guardian agrees to repay the debt voluntarily.

Reporting Responsibility

The FC EW must inform the guardian of their responsibility to report all facts and to notify the county within five (5) calendar days of all changes that affect the determination of eligibility.

Parent in Home

Under AB 2876, a Kin-GAP case is no longer required to be discontinued if the child’s parent(s) moves into the home of the Kin-GAP caretaker relative. EAS Section 90-105.2 was repealed in 2011.

Social Security Number (SSN)

A social security number is required for all children in the Kin-GAP Program.

Client Responsibility

Each recipient member of the AU must, as a condition of eligibility:

Provide their Social Security Number (SSN or numbers if more than one, or proof of a “completed” SSN application within 30 days following the date of application.

Note: Aid may be authorized as soon as the SSN has been provided. The client may be allowed up to six weeks to provide verification of the number.

Cooperate in obtaining an SSN. Refer to the process below.
Cooperate in resolving any discrepancies regarding the SSN (such as those arising from a cross-checking agency SSN files with those of the Social Security Administration). This generally will involve using the “SSA Referral Notice” (MC 194), but other verification from SSA will also be acceptable.

Obtaining an SSN

Cooperation in obtaining an SSN means:

Applying directly to the local Social Security Office using the MC 194,
Applying at the hospital for a newborn's SSN at the same time information is provided for the birth certificate, and receiving the “Information About When You Will Receive Your Baby's Social Security Card” (Form SSA-2853).
Making every effort to obtain required information and submit it to Social Security in cases where Social Security requires additional information or documentation.
Submitting proof of the “completed” SSN application, i.e., For the MC 194, it is within 30 days
1. The SSA-2853, by the last day of the month following release from the hospital, or
2. Any other statement from the Social Security office.
When the SSN card is received, it must be furnished to the EW. The EW must obtain a copy of the card for the case record.

[For more detailed information on SSNs refer to CalWORKs - Social Security Numbers.

School Attendance

EAS 40-105.5, 42-712.421, 42-716.1, 42-719, 45-201.1

Kin-GAP eligible children 16, 17, or 18 years of age must be regularly attending high school or vocational/technical training or be registered with Employment Services, unless exempt. Effective January 1, 2011, the Kin-GAP payment is no longer suspended if a child who is 16 years of age or older fails to meet school attendance.

Rule

All children in the AU for whom school attendance is required (ages 6 through 17) must regularly attend school as defined by the school district. While this is a requirement, youth are not penalized for not attending school.

Definitions

Regular School Attendance
- The local school districts define regular school attendance. Generally, this means that the child attends 90% or more of the time.
School Attendance Review Board (SARB)
- The SARB is the group of individuals who will determine if a student has failed to attend school regularly and if the intervention methods have failed to secure the child’s regular attendance.
Truancy
- A child is considered truant when that child has three unexcused absences and three tardies of more than 30 minutes. If the child has six unexcused absences, that child is considered a habitual truant.

Immunizations

Kin-GAP children under the age of 6 must meet the CalWORKS requirements regarding immunizations. Refer to the Immunization Requirement.

Note: No penalty is applied for a lack of immunizations.

Kin-GAP Child/Youth Has Court Dependency Reinstated

MPP 45-607.214

When a Kin-GAP child returns to foster care either through DFCS or JPD and court dependency is reinstated, the child/youth is no longer eligible for Kin-GAP payments the month when court dependency is reinstated, even when the child remains with the same Kin-GAP caregiver.

When the youth is removed from the Kin-GAP caregiver, they may return to the same Kin-GAP caregiver and resume payments as long as the reinstatement and eligibility requirements are met, including the dismissal of dependency.

Note that if the child/youth was initially federally eligible for Kin-GAP and returns to the same guardianship home after dependency is terminated (any time after the initial Kin-GAP determination), they may only be eligible for state-funded Kin-GAP.

Kin-GAP Termination

A child or youth's Kin-GAP benefits will terminate when one of the following occurs. Workers may have to run a manual EDBC when CalSAWS functionality is not automated. Refer to Notices of Action (NOAs) Overview regarding the requirements of timely and adequate noticing.

The child/youth turns 18 and is ineligible or chooses not to participate in extended benefits. The end date is the day before the 18th birthday.
The youth turns 21 upon participating in extended benefits. The end date is the day before the 21st birthday.
Kin-GAP High School Rule: The youth may continue to receive aid up to their 19th birthday if they remain in the same guardian’s home and are attending high school (refer to Extended Benefits for Non-Minor Living With Current Or Former Non-Related Legal Guardians (NRLG). The end date is the date of graduation.
The county determines the guardian is no longer providing support to the child. The end date is the date of the county’s determination.
The guardianship is terminated. The end date is the date the guardianship was terminated.
The child becomes legally emancipated. The end date is the date the child was emancipated.
The youth gets married. The end date is the date of marriage.
The youth dies. The end date is the date of death.
The youth enlists in the military. The end date is the date of enlistment.

Kin-GAP Is Suspended

MPP 45-607.214
Below are examples of when Kin-GAP benefits may be suspended--this list is not exhaustive:
•   Court jurisdiction under WIC sections 300, 601, or 602 is restored. Court dependency or wardship cases under the juvenile court are not eligible for Kin-GAP payments.
•   The county is unable to verify continued eligibility, such as failure of the guardian to complete and return the “Statement of Facts Supporting Eligibility for Kin-GAP Program” (KG 2) at the two-year redetermination. By signing the written agreement (SOC 369A), the guardian acknowledged responsibility for reporting changes, including changes in the child's needs or the guardian's circumstances that could affect payment.
•   Situations where an event made the youth ineligible for benefits (such as income, receiving other benefits, etc.).

Reinstating Kin-GAP

The following forms are required when a suspended Kin-GAP case is being reinstated:

“Statement of Facts Supporting Eligibility for Kinship Guardianship Assistance Payment Program” form (KG 2)
“Kinship Guardianship Assistance Payment Program Agreement Amendment” form (SOC 369A)
For non-minors, a "Kin-GAP Mutual Agreement for Non-Minor Former Dependents" form (KG 3)
Per DFCS/DEBS policy, if the lapse in Kin-GAP payments is over 60 days, a “Successor Guardian Assessment” form (SCZ 1590) must be received.

Important - Non-Minor youth do not need the home or LG to be assessed when restoring benefits. However, the Social Worker must verify that the guardianship is still intact and new KG 2 and KG 3 forms are completed.

High School Rule

A youth may continue Kin-GAP benefits up to age 19 as long as the youth is attending high school, vocational or technical training school full-time or pursuing a GED, is reasonably expected to complete school by their 19th birthday, continues to live with the Kin-GAP guardian, and signs the KG 1 (Mutual Agreement) before or within the month of their 18th birthday. The last date of aid is the date of graduation.

CalSAWS Note: Current functionality does not match the Kin-GAP rule. However, a system change request (SCR-CA 262222) has been made for future implementation. Workers must run a manual EDBC to prorate the youth’s last payment and then send the appropriate Notice of Action.