Chapter 2: Kin-GAP Eligibility

Eligibility for Kin-GAP

The Kin-GAP program provides a monthly payment to the relative guardian on behalf of the children and youth placed in their care. This program is intended to enhance family preservation and stability when reunification and adoption are not appropriate permanency options.
Before the juvenile court appoints a legal guardian, the child must have been placed in the approved home of the prospective guardian for at least six consecutive months and sign a written agreement with the public agency. Per WIC Section 360, 366.26 or 728, the SOC 369 Agency Relative Guardianship Disclosure and SOC 369A Kinship Guardianship Assistance Payment Program Amendment Agreement are the forms to document the agreement.

Eligibility Requirements

Policy: ACL 11-15, ACL 11-15E, ACL 11-28, ACL 11-67, ACL 14-28, ACL 14-19, ACL 19-34, WIC Section 11403.01,
MPP 45-602, ACL 14-28, ACL 14-19, ACL 19-34, WIC Section 11403.01

To qualify for Kin-GAP, the following must exist:

1. The child is a dependent or ward of the juvenile court.
2. The child has been removed from the parental home pursuant to a voluntary placement agreement.
3. The child has been placed in the approved home of the prospective guardian for six consecutive months while under the jurisdiction of the juvenile court, probation department, Title IV-E agreement tribal agency or a voluntary placement agreement.
4. The relative guardian has entered into a written binding agreement with the county welfare agency, probation department, or Title IV-E agreement tribal agency prior to the establishment of the guardianship (SOC 369, SOC 369A). 
   a. For state funded Kin-GAP cases, in accordance with WIC Section 11364(a), this agreement must be signed prior to the initial Kin-GAP payment.
   b. For federally funded Kin-GAP cases, in accordance with WIC 11387(a), this agreement must be signed prior to the establishment of the guardianship.
5. A kinship guardianship must be established pursuant to WIC Section 360, WIC Section 366.26, or WIC Section 728(d) prior to the child turning 18;
6. Dependency jurisdiction must be terminated pursuant to WIC Section 366.3 or wardship terminated pursuant to WIC Section 728(d), concurrently or subsequently to the establishment of the kinship guardianship
7. The juvenile court has ordered legal guardianship and appointed a legal guardian under WIC 360 or a permanency planning hearing.
8. Dependency or wardship is terminated after the guardianship has been granted.
9. The juvenile court has ordered legal guardianship and appointed a legal guardian.
10. The child is a U.S. citizen or qualified alien (must meet citizen and alienage requirements in MPP Sections 42-430 through 42-435).

Age Requirements

1. Youth must be under the age of eighteen (18) or,
2. Youth is under 21 years of age and meets one of the requirements:
   a. If the negotiated payments began prior to the child’s 16th birthday, a recipient may continue to be eligible for Kin-GAP up to age 19, provided the high school completion conditions pursuant to Welfare and Institutions Code section 11403.01 are met.
   b. If the negotiated payments began after the child’s 16th birthday, a recipient may continue to be eligible for Kin-GAP up to age 21, provided the extended Kin-GAP provisions of Section 45-606 are met.
   c. Kin-GAP may continue to be provided up to 21 years of age if the recipient has a physical or mental disability that warrants the continuation of assistance.

The youth and the county must also complete and sign the Kin-GAP Mutual Agreement for Nonminor Former Dependents (KG 3) form within 30 working days after the youth’s 18th birthday pursuant to the Manual of Policies and Procedures (MPP) Section 45-606.

Level of Care Rate Determination Protocol (LOCP)

Policy: ACL 17-11, ACL 18-06, ACL 21-17, ACL 21-17E, ACL

The LOCP was developed for use by county child welfare and probation staff as a strengths-based approach for determining Board and Care rates. The protocol matches the individual care and supervision needs of foster children with a resource parents’ level of support. The LOCP matches the individual care and supervision needs of foster children/youth with a Resource Family (RFs) level of support who provide care and supervision for children and/or youth in out-of-home care. The LOCP helps to facilitate a rate determination based on caregiver actions applied to support child/youth needs and activities in five Core Domains that are weighted by point values that equate to a LOC rate.

The LOCP is comprised of a matrix that lists five domains (Physical, Behavioral/Emotional, Health, Educational and Permanency/Family Services Domain), that are scored separately and totaled to translate to a LOCP rate. There are 4 levels that can be paid to a caregiver based on the needs of the child: Basic level rate, LOC 2, LOC 3, and LOC 4.

PDF Version of Level of Care Rate Determination Protocol

Rate Determinations for Kin-GAP

Policy: ACL 16-57, ACL-18-89, ACL 17-11, ACL 21-17, ACL 21-17E, ACL 18-06, ACL 18-06E

1. The rate structure for all existing Kin-GAP cases in which dependency was dismissed prior to May 1, 2011, will not change.
2. Kin-GAP cases, where dependency was dismissed between May 1, 2011, and December 31, 2016, will receive the age-based rates identified in ACL 16-57.
3. Kin-GAP cases, where dependency is dismissed on or after January 1, 2017, will be paid the Basic Level Rate (ACL-18-89).
4. In Phase II, Kin-GAP cases, where dependency was dismissed on or after January 1, 2017 (based on a LOC Protocol determination), became eligible for LOC 2-4 rates per ACL 17-11.
5. As of April 1, 2021, NRLG (dependency) and Kin-GAP are eligible for all LOC rate levels per ACL 21-17 and ACL 21-17E.

NOTE: Non-Related Legal Guardianship (NRLG) cases who were established in Probate Court, the LOC rate is limited to the Basic Level Rate only per ACL 18-06 and ACL 18-06E.

Public Agency Responsibility

Policy: ACL 21-108, ACL 11-67, ACL 14-19, WIC Section 16501.1, MPP 45-602
Forms: SOC 369, SOC 369A, KG 2, CW 2.1, CW 2.1Q

The decision to recommend Kin-GAP is guided by the child’s best interests and the relative’s capacity and willingness to provide a permanent home. Given the unique circumstances of each family, approval of a child’s permanent plan must be obtained through court when recommended by the responsible public agency.

It is essential for there to be mutual agreement between the responsible agency and the relative caregiver, confirming that Kin-GAP is the suitable permanent plan. Before establishing legal guardianship, the agencies must furnish comprehensive information to the prospective legal guardians about both guardianship and Kin-GAP. This responsibility is met through the provision, discussion, and completion of the SOC 369 (Agency Relative Guardianship Disclosure) and SOC 369A (Kinship Guardianship Assistance Payment Program Amendment Agreement).

If the plan involves guardianship, the case plan must detail how the child satisfies the eligibility requirements for kinship guardianship, as defined by WIC Section 16501.1 and MPP 45-604.

The responsible public agency will:

1. Ensure the child and their relative have a stable, ongoing relationship.
2. Ensure the relative is identified as the most appropriate permanent placement for the child following a formal assessment.
3. Ensure the relative is unwilling to move forward with adoption proceedings for personal, familial, cultural and/or financial reasons.
4. Ensure the relative has made a permanent commitment to the child and the child is doing well in the placement.
5. Determine that the family, relative, or child has no need for ongoing supervision or supportive services from the public agency.
6. Determine the sharing ratio ACL 21-108 for foster care placement.
7. Complete all Kin-GAP mutual agreements (SOC 369 and SOC 369A) with the prospective guardians and ensure they are signed before dependency or wardship is terminated.
8. Ensure the relative completes a KG 2 and a copy is given to the eligibility staff for review and signature.
9. Document in detail in the case plan how the child satisfies the eligibility requirements for kinship guardianship.
10. Provide copies of the SOC 369, SOC 369A, KG, CW 2.1, and CW 2.1Q to the eligibility staff.

NOTE: Eligibility staff bear responsibility to coordinate with the appointed social worker or probation officer to ensure all forms are received and in the child’s file and are reviewed in a timely manner.

Successor Guardian/Subsequent Guardians

Policy: ACL 15-66, ACL 19-31, ACL 25-39

Successor Guardian-Federally Funded

Encouraging the establishment of a successor guardian in the event of the guardian’s death is essential. This measure guarantees that the youth have a family to turn to, avoiding the need to reenter foster care and minimizing potential trauma.

Given the individualized needs of children and families over time, counties are also encouraged to ask the kinship guardian to review the selection of the proposed successor guardian at the time of reassessment. The kinship guardian is also encouraged to have discussions with the individual he or she has identified regarding the individual’s willingness and ability to be the successor guardian.

The successor guardian does not have to be a relative, NREFM, or extended family member in the case of an Indian child, for the child to continue to be eligible for federally funded Kin-GAP. A relationship between the child and the proposed successor guardian is not required for naming a successor guardian or for funding purposes, but it could be a factor considered by the court when establishing the new guardianship. Nothing in federal law precludes the kinship guardian from identifying more than one successor guardian. To ensure eligibility is maintained for federally funded Kin-GAP cases, it is strongly recommended that a successor guardian be named when executing the initial Kin-GAP agreement. If the current guardian is unable, or is unwilling, to identify a successor guardian at the time of the initial agreement, a successor guardian may be subsequently named in an amendment to the agreement. The CDSS strongly recommends that counties encourage guardians to appoint successor guardians, as this is essential for the continuity of care.

A new Kin-GAP agreement between the successor guardian and the responsible county must be signed prior to the court’s appointment of the successor guardian. A prospective successor guardian shall not be required to be approved as a resource family for the sole purpose of receiving federal Kin-GAP funding pursuant to WIC Section 11386(i)(3). A new period of six months in placement with the successor guardian is not required for the Kin-GAP funding to be issued. Kin-GAP payments shall resume if it has been determined that the successor guardian meets all eligibility requirements listed at WIC Section 11386(i) and the court has made the guardianship appointment.

Alternate or Co-guardian – State Funded

In circumstances when a change in guardian is necessary in the state Kin-GAP program, an alternate guardian or co-guardian who is also a kinship guardian may be appointed by the juvenile court pursuant to WIC Section 366.3. The alternate or Co-guardian shall receive Kin-GAP on behalf of the child pursuant to WIC Section 11363(e), assuming all other conditions are met. A new period of six months of placement with the alternate guardian or co-guardian shall not be required if that alternate guardian or co-guardian has been assessed pursuant to WIC Section 361.3 and WIC Section 361.4 and dependency jurisdiction has been terminated. A prospective alternate or co-guardian shall not be required to be approved as a resource family for the sole purpose of receiving state Kin-GAP funding pursuant to WIC Section 11363(e)(3).

The subsequent guardian need not have been named in the initial Kin-GAP agreement or any amendment thereto. If a “successor guardian” was not named in the initial Kin- GAP agreement for federally funded Kin-GAP or in any amended agreement, Kin-GAP eligibility may continue under the state funded Kin-GAP program if a new alternate or co-guardian is appointed. WIC Section 11363 applies the conditions for eligibility when an alternate guardian or co-guardian is appointed. The MPP Section 45-605.5 section under State Kin-GAP Program refers to “subsequent guardian,” which is intended to encompass a successor guardian for purposes of state funded Kin-GAP.

The MPP Section 45-605.51 (State Kin-GAP Program) reads: A subsequent guardian, or co-guardian who was appointed pursuant to WIC Section 366.3 after the initial guardianship had been established, does not have to complete a six-month placement period. The six-month period will be waived for the subsequent guardian or co-guardian if an assessment has been done pursuant to WIC Section 361.3 and WIC Section 361.4 and dependency jurisdiction has been terminated. The subsequent guardian needs not have been named in the initial Kin-GAP agreement or any amendment thereto.

Requirements for All Subsequent Guardians

The prospective subsequent guardian (i.e., alternate guardian, successor guardian, or co-guardian) must meet the following assessment requirements:

1. Consideration of factors listed at WIC Section 361.3;
2. An in-home inspection to assess the safety of the home and the ability of the prospective successor guardian to care for the child(ren)’s needs pursuant to WIC Section 361.4(a)(1). This in-home inspection is intended to ensure that there are no imminent health and safety risks to the child(ren). The RFA standards and forms do not apply to this requirement.
3. A state-level criminal records check through the California Law Enforcement Telecommunications System (CLETS) for all persons over 18 years of age living in the home pursuant to WIC Section 361.4(a)(2).
4. A check of allegations of prior child abuse or neglect concerning the prospective successor guardian and other adults residing in the home pursuant to WIC Section 361.4(a)(3).
5. A live scan fingerprint check of the prospective successor guardian and any other person over 18 years of age living in the home to determine whether the person has ever been convicted of a crime other than a minor traffic violation pursuant to HSC Section 1522. If there are any arrests requiring investigation pursuant to HSC Section 1522(e) or any convictions requiring an exemption pursuant to HSC Section 1522(g), the clearance or exemption must be granted prior to the issuance of any Kin-GAP funding.

Please note that if the prospective subsequent guardian (e.g. alternate, successor, or co-guardian) was previously associated to the home of the prior guardian when guardianship was initially established and was previously live scanned and received a clearance or exemption, the criminal background check (i.e., CLETS and live scan) component is not required if the subsequent arrest notifications continue to be active with the Department of Justice. If the prospective guardian did not previously receive a clearance or exemption or if the subsequent arrest notifications have ceased, the criminal background check must be completed prior to issuance of Kin-GAP payments to the guardian.

The successor guardian does not have to be a relative, NREFM, or extended family member in the case of an Indian child, for the child to continue to be eligible for federally funded Kin-GAP. A relationship between the child and the proposed successor guardian is not required for naming a successor guardian or for funding purposes, but it could be a factor considered by the court when establishing the new guardianship. Nothing in federal law precludes the kinship guardian from identifying more than one successor guardian. To ensure eligibility is maintained for federally funded Kin-GAP cases, it is strongly recommended that a successor guardian be named when executing the initial Kin-GAP agreement. If the current guardian is unable, or is unwilling, to identify a successor guardian at the time of the initial agreement, a successor guardian may be subsequently named in an amendment to the agreement. The CDSS strongly recommends that counties encourage guardians to appoint successor guardians, as this is essential for the continuity of care.

A new Kin-GAP agreement between the successor guardian and the responsible county must be signed prior to the court’s appointment of the successor guardian. A prospective successor guardian shall not be required to be approved as a resource family for the sole purpose of receiving federal Kin-GAP funding pursuant to WIC Section 11386(i)(3). A new period of six months in placement with the successor guardian is not required for the Kin-GAP funding to be issued. Kin-GAP payments shall resume if it has been determined that the successor guardian meets all eligibility requirements listed at WIC Section 11386(i) and the court has made the guardianship appointment.

Reassessment of Kin-GAP Eligibility

Policy: MPP 45-602.8
Form: KG 2

A reassessment of a child’s or non-minor former dependent’s circumstances, which are subject to change, shall be completed no less frequently than every two years. At the time of the reassessment, the relative legal guardian shall complete the KG 2 - Statement of Facts Supporting Eligibility for Kinship Guardianship Assistance Payment (Kin-GAP) Program.

Examples of a child’s circumstances that are subject to change include, but are not limited to:

1. Termination of legal guardianship.
2. Failure of the relative to complete a reassessment request.
3. Failure of the guardian to continue to support the child or the non-minor former dependent.
4. Failure of the youth to continue to meet one of the education and employment participation conditions.
5. The public agency shall make efforts to ensure that the relative legal guardian with whom the child resides is aware of the necessity to report any change in need or income for the child. 
    

Suspension of Kin-GAP Payment

Policy: MPP 45-607.2

A Kin-GAP payment shall be suspended due to any of the following:

1. The guardian fails to complete and return the Determination of Kin-GAP Eligibility (KG 2) within two weeks of the date it was mailed.
2. The guardian is no longer providing support and care to the child or non-minor former dependent.
3. The non-minor former dependent is no longer completing one of the extended Kin-GAP requirements pursuant to Section 45-606.12.
4. The child or non-minor former dependent is subsequently incarcerated and wardship is established. Consistent with ACL 11-28, the child remains eligible for Kin-GAP payment if the child returns to the care of the relative guardian and all other eligibility conditions are met.
5. A Kin-GAP payment can be resumed if the conditions listed in #1-4 are no longer applicable.