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

When the youth wants to continue benefits beyond 18 years of age, they must be evaluated for extended benefits and must meet one of the five participation criteria. The exception to this rule is if the youth has a documented physical or mental condition. The youth must be supported by the adoptive parents or the established relative guardian (RG. The FC Triage will identify this population and refer them to the foster care Intake for processing.

Eligibility

Eligible youths include:

AAP youth who were at least 16 years old when the initial AAP agreement was signed when they were at least 16 years old and meet one of the five participation criteria.
Youth whose Kin-GAP payments began on or after their 16th birthday may continue to receive benefits up to age 21 if they meet one of the five participation criteria. The start date for determining eligibility is the date Kin-GAP payments first began, not the date of guardianship.

Kin-GAP youth with a documented mental or physical disability may continue to receive benefits up to age 21 regardless of when legal guardianship was established (under WIC 11386(g)(2) or WIC 11363(c)(2)).
AAP youth with a documented mental or physical disability, regardless of the age when the AAP agreement was signed.

Participation criteria:

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 the extended AAP or Kin-GAP program. Adoptive parents and guardians who receive benefits are responsible for reporting when the non-minor former dependent (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 their 21st birthday.

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 before 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 before age 16, are eligible for extended benefits as a non-federal NRLG case (AFDC-FC funding).

AAP Requirements

Adoption Social Worker (SW must notify all affected AAP recipients of the youth’s potential eligibility for extended benefits during the adoption finalization process and before 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 before 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.

The Adoption SW will determine the AAP youth's eligibility for extended benefits. All AAP rate negotiations and AAP agreements are conducted and signed by the Adoption SW and the adoptive parents.

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

Kin-GAP Requirements

In addition to the requirements in the above "Eligibility" section, the following apply:

The assigned Social Worker (SW) must notify all affected Kin-GAP recipients of their potential eligibility for extended benefits before their 18th birthday. SWs must document in the case file that the youth meets one of the five participation criteria and include supporting documentation using both the Kin-GAP Program Agreement Amendment form (SOC 369A) and the Kin-GAP Mutual Agreement for Nonminor Former Dependents form (KG 3).

Important: The youth and the county must also complete and sign the KG 3 within 30 working days after the youth's 18th birthday (MPP 45-606).

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 SW 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 change. If there is a change in participation, yet the NMFD continues to meet 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 county is not required to obtain additional verification or request certification that the youth continues to meet one of the participation criteria. However, if such evidence comes to light, the county is obligated to reassess the youth's eligibility for extended benefits.

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.

RGs 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 that 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 youth 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 the assigned SW handles.

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 must encourage RGs and NMFDs to apply for Medicaid in their new state of residence.

AAP/Kin-GAP Overpayments

AAP and Kin-GAP programs are subject to the same overpayment recoupment and remittance rules as 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.