Foster Care Re-entry for Kin-GAP and AAP Youth

The following categories of youth may seek re-entry for Foster Care:

A youth whose legal guardian or adoptive parent received aid after the youth attained 18 years of age under Kin-GAP or AAP,
- Whose guardian or adoptive parent died after the youth attained 18 years of age, but before he or she attains 21 years of age and
- Whose guardian or adoptive parent are receiving extended Kin-GAP or AAP payments but no longer provide financial support to the youth who attained 18 years of age but prior to attaining 21 years of age and

Effective January 1, 2019,

A youth who entered into a legal guardianship or were adopted but did not receive Kin-GAP or AAP payment because he or she was receiving SSI or other income from the federal SSA.

Assessment of Kin-GAP or AAP Youth Over Age 18

When a youth, under the age of 21, whose guardianship was established through dependency court or delinquency, notifies a county and alleges that he or she is no longer being supported by his or her legal guardian(s), the SW or PO shall initiate a timely assessment to gather information and determine the accuracy of the statement. If the statement is determined to be accurate, then the Kin-GAP payment may be terminated after a Notice of Action is sent to the guardian.

Assessment of AAP Youth Over Age 18

When an AAP youth who was previously found to be a dependent of the juvenile court notifies a county and alleges that he or she is no longer being supported by his or her adoptive parent(s), the SW must conduct an assessment. If the SW has reasonably determined, based on information shared by the adoptive parent(s) or the youth, that the adoptive parents are no longer providing support to the AAP youth, the county may terminate AAP benefits (per WIC 16119, subdivision (f)(2)) after a Notice of Action (NA 791) is sent to the adoptive parent.

Re-Entry

The re-entry process, workflow, forms, rules, payment and placement types for adopted young adults and those in legal guardianship(s) (Kin-GAP) returning to the foster care system at age 18 or older, are the same as detailed in section 29.22. Once it has been determined that the youth is eligible for re-entry, the county must file a WIC §388.1, re-entry petition, on the young adult’s behalf within fifteen (15) judicial days of when the Voluntary Re-Entry Agreement for Extended Foster Care (SOC 163) is signed by the youth. The county then has authority to place the young adult pending the reentry hearing.

SOC 158A and Special Indicator

This population of youth must be tracked in CalWIN for reporting and claiming purposes and require a Special Indicator. In order to identify these youth, line O of the SOC 158A will state one of the below:

Guardians no longer providing support
Adoptive parents no longer providing support
NMD receiving SSI

In CalWIN, the EW will use the corresponding Special Indicator:

Kin-GAP No Support
AAP No Support
NMD Receiving SSI

Workflow