Extension of Adoption Assistance Program (AAP) and Kinship Guardianship Assistance Payment (Kin-GAP)

AAP and Kin-GAP youths who turned 18 years of age in 2012 are eligible for extended benefits up to the age of 21. When the youth wants to continue benefits beyond 18 years of age he/she must be evaluated for extended benefits and must meet one of the five conditions of eligibility. The youth must be supported by the adoptive parents or the established RG. The FC Triage will identify this population and refer them to foster care Intake for processing.

Eligibility

AAP and Kin-GAP youths include those who are:

AAP youths without a medical disability where the initial AAP agreement was signed when the youths were at least 16 years old and will turn 18 years old on or after January 1, 2012.
Kin-GAP youths receiving federal or state Kin-GAP where the youths must have attained 16 years of age before the Kin-GAP negotiated agreement was signed.

Note: The difference between the Federal and State Kin-GAP program is the Federal Program began January 1, 2011 and negotiated agreements were not available until January 1, 2011. The State Program began January 1, 2000.

Kin-GAP youths with documented mental or physical disability that warrants continuation of assistance are eligible to receive benefits to age 21 regardless of the age when legal guardianship was established.
Youths who do not have a documented mental or physical disability may be eligible for extended AAP or Kin-GAP after 18 years old if they meet one of the five participation criteria listed below:
- Attending/completing high school or an equivalency program
- Enrolled in post-secondary or vocational school
- Participating in a program or activity that promotes or removes barriers to employment
- Employed at least 80 hours per month
- Incapable of participating in one of the four above conditions, due to a documented physical or mental condition.

The case management and every six-month plan update requirements for EFC benefits do not apply to extended AAP or Kin-GAP program. Adoptive parents and relatives guardians who receive benefits are responsible for reporting when the NMFD is not satisfying one of the participation requirements. AAP and Kin-GAP youths eligible for extended benefits are not eligible for SILP placements.

When extended AAP and Kin-GAP benefits are terminated there is no re-entry process.

Last Day of Payment

Kin-GAP youth receive payments up to the day before the youth turns 21.

AAP youth receive payments up to the end of the month they turn 21.

Ineligible

AAP and Kin-GAP youths ineligible for extended benefits include those who:

The initial AAP agreement was signed prior to the age of 16 without a documented mental or physical disability.
Receiving federal or state Kin-GAP and had not yet attained 16 years of age before the Kin-GAP agreement was signed and does not have a documented mental or physical disability. However, these youth remain eligible for Kin-GAP up to the age of 19 under the existing high school rule.

Exception: Youth receiving federal Kin-GAP, living with a fictive relative where the agreement was signed prior to age 16 are eligible for extended benefits as a non-federal NRLG case (AFDC-FC funding).

AAP Requirements

Adoption SW must notify all affected AAP recipients of the youth’s potential eligibility for extended benefits during the adoption finalization process and prior to the youth’s 18th birthday. SWs must document in the AAP case file that the youth meets one of the five participation criteria for extended benefits with supporting documentation.

AAP Recipients

The AAP agreement creates contractual obligations for the adoptive parents to continue to financially support the adopted youths as a condition of continuing receipt of the benefits. Adoptive parents are responsible for requesting extended benefits prior to the youth’s 18th birthday. They must provide supporting documentation to the adoption SW that the youth is meeting one of the five participation criteria.

Adoption SWs will determine AAP youths eligibility for extended benefits. All AAP rate negotiations and AAP agreements are conducted and signed by adoption SWs and adoptive parents.

All other regulations specific to AAP, including Fair Hearings procedures, continue to apply.

Kin-GAP Requirements

County assigned SWs must notify all affected Kin-GAP recipients of the youth’s potential eligibility for extended benefits prior to the youth’s 18th birthday. SWs must document in the Kin-GAP case file that the youth meets one of the five participation criteria for extended benefits include supporting documentation.

SWs determine the youth’s eligibility for extension of Kin-GAP. All Kin-GAP rate negotiations and Kin-GAP agreements are to be conducted and signed by the SWs and the legal guardian.

Two Year Reassessments

All forms used at the time of entering the extension program will be used at the two year reassessment or when the needs or the circumstances of the youth changes. However, if there is a change of criteria yet the NMFD continues meets one of the five participation criteria, a notation may be made on the KG 3 to record the criteria change; a new KG 3 does not need to be executed. Other than the initial determination for the extended Kin-GAP and the two year reassessment, the public agency is not required to obtain additional verification or request certification that the youth continues to meet one of the participation criteria.

No Longer Eligible

When information is received that the youth is no longer meeting the criteria for extended benefits, the assigned SW must determine whether the youth continues to be eligible.

RG who disagree with the county’s determination have the right to dispute or appeal the decision by requesting a hearing.

Kin-GAP Recipients

RGs are responsible for requesting the extension of benefits and providing documentation supporting the youth meets one of the five participation requirements. RGs are also responsible for reporting changes when the NMFD is no longer meeting one of the five participation requirements.

The RGs must agree to continue supporting the NMFD. The extended benefits must continue to go directly to the RG who is supporting the NMFD.

Once extended benefits have terminated benefits cannot be reinstated.

Kin-GAP Independent Living Program (ILP) Services

Kin-GAP youths in extended benefits remain eligible for ILP services. The extended Kin-GAP youth who receives ILP delivered services is subject to the National Youth in Transition Database reporting rules, which are handled by the assigned SW.

Kin-GAP Continuation of Benefits Out-of-State

Under both the federal and state Kin-GAP programs extended benefits continue regardless of the state of residency in which the guardian and NMFD reside.

Counties are to encourage RGs and NMFDs to apply for Medicaid in the new state of residence.

AAP/Kin-GAP Overpayments

AAP and Kin-GAP programs are subject to the same overpayment recoupment and remittance rules as with their respective programs. There are no changes.

Implementation

This change is effective January 1, 2012. These changes do not modify or change any other AAP or Kin-GAP eligibility requirements for youths under the age of 18.