Chapter 4: Extended Kin-GAP

The primary objective for every child in the foster care system is to secure a safe, stable, and permanent home, ideally with a forever family that provides support throughout their childhood and adulthood. During court reviews, public agency staff or the Child and Family Team (CFT) should actively discuss and plan for the implementation of a permanent arrangement for each child.

The Extended Kin-GAP program was designed to facilitate permanency for older youth. Its benefits extend into adulthood when Kin-GAP payments commence at or after 16 years old, representing a significant commitment from federal, state, and county governments in supporting permanency. These benefits are crucial in ensuring that caregivers of older youth can maintain a permanent family while receiving extended support.

Kin-GAP After 18 (High School Completion Rule to Age 19)

Policy: ACL 11-15, ACL 11-86, W&IC section 11403.01, MPP 45-602.313
Form: KG 1

A youth may continue to receive Kin-GAP payments following their 18th birthday, up to age 19, under the secondary education completion requirements (“High School Completion Rule”) if all the following are met:

1. Kin-GAP payments began prior to the child’s or youth’s 16th birthday; and
2. The youth is attending high school or the equivalent level of vocational or technical training on a full-time basis, or is in the process of pursuing a high school equivalency certificate, prior to their 18th birthday; and
3. The youth may reasonably be expected to complete the educational or training program or to receive a high school equivalency certificate before their 19th birthday; and
4. The youth continue to reside in the relative’s home.
5. Youth must complete and sign a KG 1 and return to the responsible public agency with verification of school attendance in order to remain in the Kin-GAP program after their 18th birthday.

NOTE: The eligibility staff must receive a signed KG 1 signed with verification from school in order to for the youth to remain in the Kin-GAP program after their 18th birthday. 
 

Eligibility to Extended Kin-GAP

Policy: ACL 11-15, ACL 11-86, ACIN I-76-15, ACIN I-76-15E, WIC Section 11403.01, ACIN I-76-15, ACIN I-76-15E, WIC Section 11403.01
Form: KG 3

Youth who were age 16 or over when the Kin-GAP payments began, may be eligible for extended Kin-GAP until the age of 21 if they meet one of the following five participation criteria:

1. The youth is completing secondary education or a program leading to an equivalent credential.
2. The youth is enrolled in an institution that provides postsecondary or vocational education.
3. The youth is participating in a program or activity designed to promote or remove barriers to employment.
4. The youth is employed for at least 80 hours per month.
5. The youth is incapable of doing any of the activities listed above due to a documented medical condition.

NOTE: The relative guardian will ensure the youth completes the KG 3 Kin-GAP Mutual Agreement for non-minor former dependents and send it to the public agency with supporting documentation. The relative guardian is responsible for reporting to the public agency if the non-minor former dependent is not satisfying at least one of the participation criteria. 
 

Youth With Verified Disability

Policy: ACL 11-15, ACL 11-86, ACIN I-76-15, ACIN I-76-15E, WIC Section 11403.01
Form: KG 3

If the youth is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance, they would be able to continue receiving Kin-GAP benefits, until the age of 21, regardless of the age that the Kin-GAP guardianship was ordered.

The relative guardian will complete the KG 3 Kin-GAP Mutual Agreement for Non-minor Former Dependents and send it to the public agency with supporting documentation.

Re-Entry

Policy: ACIN I-76-15

A non-minor may seek re-entry under WIC 388.1 section if the following condition applies:

A non-minor former dependent, as defined in WIC section 11400(aa), whose legal guardian(s) received aid after the youth attained 18-years-of-age (includes aid received the month of the non-minor’s 18th birthday) under the state or federal Kin-GAP Program, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of the non-minor, after the non-minor attained 18 years of age, but prior to attaining 21 years of age (ACIN I-76-15).

INFORMATION REGARDING REENTRY FOR NONMINOR FORMER DEPENDENTS

ACL 19-31 provides detailed information regarding the eligibility and necessary determinations of youth under 21 years of age who exited foster care prior to age 18 seeking to re-enter foster care pursuant to WIC Section 388.1. A nonminor former dependent or ward of the juvenile court who received at least one extended Kin-GAP (state or federal) payment after the age of 18 and whose guardian(s) has stopped providing support, has died, or is no longer receiving benefits on behalf of the youth may also seek to re-enter extended foster care (EFC) pursuant to WIC Section 388.1. Youth under 21 years of age that received at least one aid payment from the Social Security Administration (in lieu of at least one extended Kin-GAP payment) after 18 years of age can also seek to re-enter EFC pursuant to WIC Section 388.1. Lastly, as discussed in In re N.A. (2021) 64 Cal.App.5th 494, 502- 503 [279 Cal.Rptr.3d 101], the youth must have been eligible for the payment made on their behalf after 18 years of age. As discussed in In re N.A., when the Legislature required a youth to have “received” specified financial aid to be eligible to return to juvenile court jurisdiction, it did not intend to include situations in which the financial aid was inadvertently or mistakenly paid or unlawfully received. This information supersedes the advisement in ACIN I-76-15E that the nonminor former dependent seeking re-entry into EFC under WIC Section 388.1 needed to be eligible for extended Kin-GAP benefits up to 21 years of age.

 

Public Agency Responsibility

Policy: ACL 21-108, ACL 11-67, ACL 14-19, WIC Section 16501.1, ACIN I-76-15
Forms: SOC 369, SOC 369A, KG 1, KG 3

The responsible public agency must:

1. Notify Kin-GAP recipients of a child/youth’s potential eligibility for extended benefits prior to the child/ youth’s 18th birthday.
2. Determine the sharing ratio ACL 21-108 for foster care placement.
3. The negotiated Kin-GAP payment cannot exceed what the child/youth would have received in a resource family home, including any Level of Care or applicable specialized care increment.
4. The county with court jurisdiction makes the Kin-GAP payment.
5. If the youth is a regional center consumer dual agency rates apply.
6. Document in the Kin-GAP eligibility file that the child/youth meet one of the five participation criteria for extended benefits, and include supporting documentation, via both the SOC 369A and KG 3.
7. Determine the child/youth’s eligibility for the extension of Kin-GAP benefits beyond 18-21 years of age.
8. Ensure all Kin-GAP rate negotiations and Kin-GAP agreements are conducted and signed by the relative guardian.
9. Ensure the former Kin-GAP youth signs the KG 3 Kin-GAP Mutual Agreement for Non-minor Former Dependents and KG 1 Kin-GAP Mutual Agreement for 18-year-olds (when completing the high school rule).

NOTE: All forms mentioned above will be used at the time of entering the extension program, at the two-year reassessment, and when the needs of the child/youth or circumstances of the relative guardian change to verify that the child/youth meet one of the five participation criteria.

• a. If there is a change of criteria by the former NMD, yet they still meet one of the five participation criteria, a notation may be made on the KG 3 form to record the criteria change. A new KG 3 form does not need to be executed.
• b. Other than at the initial determination for the extended Kin-GAP and the two-year reassessment, the responsible public agency is not required, in the interim, to obtain additional verification or request certification that the child/youth continue to meet one of the participation criteria.

10. If CWS or Probation have information suggesting that the child/youth no longer meet the participation criteria, the agency has an obligation to determine whether the child/youth continue to be eligible for extended benefits.
11. The extended benefit goes to the guardian, provided the guardian continues with support and care, even if the former NMD lives elsewhere (e.g., dormitory or other designated housing of a postsecondary education institution).
12. The relative caregiver/prospective guardian, or current relative guardian, who disagrees with a county’s determination regarding Kin-GAP eligibility or benefits has the right to request a state hearing.

Relative Legal Guardian Responsibility

Form: KG 3

The relative guardian will exercise responsibility for the day-to-day care and control of a related child. It is their responsibility to ensure they continue to communicate and report with the public agency any changes with the youth.

For extended Kin-GAP, the relative legal guardian(s) must:

1. Agree to continue to provide support for the youth.
2. Be responsible for requesting the benefit extension beyond the age of 18 and providing documentation that the child/youth meet one of the five participation criteria.
3. Responsible for reporting any changes to the responsible public agency when the youth is no longer meeting one of the five participation criteria.
4. Completing with the youth the KG 3 Kin-GAP Mutual Agreement for Non-minor Former Dependents and send to the public agency with supporting documentation.

Agency with Payment Responsibility

The agency that had court-ordered jurisdiction of the child or youth shall be responsible for paying the Kin-GAP benefits regardless of where the child or youth resides. Under both the state and federally funded programs, Kin-GAP payments and benefits continue regardless of the state of residency in which the relative guardian and child or youth reside pursuant to WIC Section 11364(b)(4) and WIC Section 11387(b)(4). Kin-GAP payments should continue upon the filing of a WIC Section 387 or WIC Section 388 petition unless one of the circumstances outlined in MPP section 45-607.8 applies. Please note that nothing prohibits post- guardianship services from being offered without reinstating dependency. Kin-GAP/NRLG Guidance 11

Out-Of-State (Outgoing)

Under both the state and federally funded programs, Kin-GAP payments continue regardless of the state of residency in which the relative guardian and child resides pursuant to WIC Section 11364(b)(4) and WIC Section 11387(b)(4). The rate paid on behalf of an eligible child when a family moves out of state shall not exceed the California foster care rate structure described in WIC Section 11364(d) or WIC Section 11387(d), as applicable based on when the guardianship was established, and dependency or delinquency jurisdiction was terminated by the juvenile court. Families moving out of California, or the United States are also to be encouraged to research the applicable laws of the new state or country of residency to determine the impact the move will have on all other issues, including the ability to enroll the child in school, arrange for health coverage, and accessibility to other appropriate services.

Out-Of-State (Incoming) 

If a guardian moves to California from another state, the financial responsibility remains with the state that authorized the guardianship. If the guardian otherwise meets the eligibility criteria, the guardian may be eligible for the CalWORKs Non-Needy Caregiver funding if they are related to the child over whom they have guardianship.

Beginning Date of Aid

When a child becomes eligible for either federal or state Kin-GAP during the month, AFDC-FC or Approved Relative Caregiver payments must cease the day preceding the date the dependency or wardship is terminated. The Kin-GAP payments shall begin on the following day. The Administration for Children and Families has determined that federal AFDC-FC payments can only be made to children under the placement and care of the county, which is no longer applicable once dependency or wardship has been terminated.

The Kin-GAP payments shall be suspended (not terminated) due to any of the following reasons:

1. The guardian fails to complete and return the KG 2 form within two weeks of the date it was mailed.
2. The guardian is no longer providing support and care to the child or youth. Kin-GAP/NRLG Guidance 12
3. The youth is no longer completing one of the extended Kin-GAP requirements pursuant to MPP Section 45-606.12 or does not fall under the “High School Completion Rule” (see named section for details).
4. The child or youth is subsequently incarcerated and wardship is established. However, the child remains eligible for Kin-GAP payments if the child returns to the care of the relative guardian and all other eligibility conditions are met. (Refer to ACL 11-28.)

A Kin-GAP payment may be resumed once the condition resulting in the suspension has been resolved.

Last Date of Payment

The Kin-GAP payments shall be terminated under the following circumstances:

1. Date of termination of the guardianship with a kinship guardian.
2. Date the youth does not meet age requirements. For youth who are eligible to receive Kin-GAP up to their 19th birthday to finish high school, the graduation date would be the last date of payment if it occurs before they turn 19.
3. Date the court order or VPA transfers placement and care responsibility from the guardian to the county child welfare or probation department unless the condition described in MPP Section 45-607.214 applies.

• The guardian may be eligible for state Kin-GAP on behalf of the child if all other eligibility requirements are met.

INCOME GUIDANCE

Optional Payments
Some counties have Specialized Care Increment programs where children or youth can receive additional funding for exceptional health and/or behavioral health needs. Upon establishment of guardianship, the Kin-GAP payment can be negotiated between the county and the guardian to include this rate for specialized care. Additionally, in accordance with WIC Sections 11364(c) and WIC Sections 11387(c) , any clothing allowance as described in WIC Section 11461(f) shall also be paid. Kin-GAP/NRLG Guidance 13

Nonrecurring Costs for Legal Guardianship
A guardian may be reimbursed for reasonable and verified nonrecurring expenses associated with obtaining legal guardianship, not to exceed $2,000 pursuant to WIC Section 11364(b)(6) and WIC 11387(b)(6). The Kinship Guardianship Assistance Payment Program Nonrecurring Legal Guardianship Expenses Agreement (KG 4) form must be signed by the prospective legal guardian and the responsible agency before the submission of the expense form. The Kinship Guardianship Assistance Payment Program Nonrecurring Legal Guardianship Expenses Form (KG 5) is to be used by the guardian to claim for payment. Reimbursement shall not be made for costs otherwise reimbursed from other sources, including the foster care maintenance payment. The guardian must attach receipts, or other documentation for the expenses, to the KG 5 form. For additional information, please refer to ACL 14-19.