KinGap

Kin-GAP and NRLG eligibility

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The California Department of Social Services (CDSS) issued guidance regarding eligibility for Kin-GAP and Nonrelated Legal Guardian (NRLG) payment programs.

Kin-GAP is funding to relative guardians on behalf of children placed in their care after dependency or wardship is terminated.  General Kin-GAP requires that 1) the child is removed from their home by a voluntary placement agreement or judicial order; 2) the child has resided in the approved home of the prospective relative guardian while under a voluntary placement agreement or under the jurisdiction of the juvenile court for at least six consecutive months; 3) the prospective relative guardian and the county enter into a written agreement; 4) a kinship guardianship is established under Welfare and Institutions Code sections 380, 366.26 or 728(d) before the child turns 18, and 5) dependency jurisdiction is terminated.

Federal Kin-GAP also requires: 1) the child must have been determined eligible for Aid to Families with Dependent Children-Foster Care; 2) the child has been living in the approved home of the relative guardian for at least six month; and 3) the negotiated agreement must be signed before the guardianship order is issued.

Siblings placed with the same relative guardian in a kinship guardian arrangement may also be eligible for federal Kin-GAP.

State Kin-GAP also requires that the child was not eligible for Aid to Families with Dependent Children-Foster Care while placed with the prospective relative guardian, and the child has been residing for at least six consecutive months in the approved home of the prospective relative guardian.

A child who is placed in a home that is approved by an Indian child’s tribe or tribal organization designated by the tribe is eligible for Kin-GAP.

Kin-GAP payments can continue after the youth is between 18 and 21 years of age (extended Kin-GAP) if payments begin on or after the youth’s 16th birthday, and the youth is: 1) is completing secondary education or a programs leading to an equivalent credential; 2) enrolled in a postsecondary or vocational education institution; 3) participating in a program designed to remove barriers to employment; 4) employed for at least 80 hours per month; or 5) the youth is incapable of doing any of these activities because of a medical condition.

If the child is not eligible for extended Kin-GAP and the child does not have a disability warranting continuation of payments, the child may be eligible for benefits until age 19 or until high school graduation, whichever is sooner.

A nonminor former dependent or ward of the juvenile court who was eligible for and received at least one extended Kin-GAP payment or Social Security payment after age 18, and the guardian has stopped providing support, had died, or is no longer receiving benefits may try to re-enter extended foster care.

The agency that had jurisdiction of the child is responsible for paying Kin-GAP regardless of where the child or youth resides, including when the child or youth leaves California.

If the guardian moves to California from another state, the other states remains responsible for payment.

Kin-GAP payments can be suspended when: 1) the guardian does not complete the KG 2 form; 2) the guardian is no longer providing support and care to the child or youth; 3) the youth is no longer completing one of the extended Kin-GAP requirements, or 4) the child or youth is incarcerated and wardship is established.

Some counties have specialized care programs for exceptional health or behavioral needs.

A guardian can receive reimbursement for nonrecurring expenses associated with obtaining legal guardianship not the exceed $2,000.

If a current guardian dies or incapacitated and a successor guardian was named in the agreement, the child will continue to be eligible for federal Kin-GAP.  For state Kin-GAP, an alternative guardian who is also a kinship guardian is eligible for Kin-GAP.

When a child exits foster care to permanency through guardianship with a nonrelated legal guardian, nonrelated legal guardian payments may be available to support permanency for the child.  Children plated with nonrelated legal guardians through the juvenile court are eligible for state AFDC-FC.

A nonrelated legal guardian who has a guardianship order from another state may be eligible for AFDC-FC by either obtaining a California guardianship or registering an out of state guardian ship order in a California court.  (ACL 25-39, June 2, 2025.)

Direct deposit of cash benefits

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The California Department of Social Services reminds counties that electronic benefits transfer cardholders can opt-in to receive benefits by direct deposit at any time.  Benefits may be issued by direct deposit for CalWORKs, RCA, CAPI, and Kin-GAP.  Counties must inform recipients and applicants of these programs of the direct deposit option at application and any redetermination.

Delivery of benefits by direct deposit is more secure, and benefits will always arrive on the first of the month.

Demand Deposit Accounts are eligible to receive cash benefits through direct deposit.  (ACIN I-23-23, May 3, 2023.)

Duties regarding county Statement of Position to Limited English Proficient claimants

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County hearings representative for both California Department of Social Services (CDSS) and Department of Health Care Services (DHCS) programs must enclose the GEN 1365 Notice of Language Services form with the Statement of Position.  For non-county administered DHCS programs, county hearings representatives must enclose the DHCS Non-Discrimination Policy and Language Access Process document.

CDSS is working on a new version of the GEN 1365 specifically for fair hearings that will be released soon.

When the applicant or recipient indicates their preference for communication in a language other than English, counties must provide forms in that language when the translation is provided by CDSS or DHCS in that language.  Counties must provide oral interpretation services of any document on request, including non-standardized forms and individually tailored documents.  If requested, the county or agency must provide an oral interpretation of the Statement of Position, including any exhibits attached to the Statement of Position, at least two days before the hearing.

When the county is aware of the need for assistance in a language that is not listed in the GEN 1365, the county or agency should attempt to inform the claimant of how to get a free oral interpretation of the Statement of Position in the claimant’s preferred language.  (ACL 22-56, July 8, 2022.)

Increase in CalWORKs Earned Income Disregards

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For the CalWORKs program, certain earned income and disability-based income is disregarded in determining eligibility.  This is called the Earned Income Disregard.  Starting July 1, 2022, the Earned Income Disregard for applicants will increase from the first $90 per month of earned income for each employed person to the first $450 of earned income.

Starting June 1, 2022, the Earned Income Disregard for recipients will increase from $550 per month to $600.   This increase in the recipient Earned Income Disregard applies to the state KinGAP program, but not to the federal KinGAP program.

(ACL 21-130, November 29, 2021 and ACL 21-130E, March 22, 2022.)

 

COVID-19 reassessment and redetermination for AAP and Kin-GAP

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The California Department of Social Services (CDSS) has issued guidance regarding reassessment and redetermination for the Adoption Assistance Program and the Kin-GAP program because of COVID-19.

Counties should send the AAP reassessment form to adoptive parents at least 60 and no more than 90 days prior to the reassessment date. Returning the form is optional.  If the parent(s) return the form without a request for change, the county can process it when received or wait until after June 30.

If parent(s) return the form requesting an increase in assistance, the county must process it.  If parent(s) do not return the form, the rate continues at the rate in the prior AAP agreement.  However, signed AAP agreements for wraparound services and out-of-home placements paid by AAP are limited to 18 months.

The requirement to return the Kin-GAP Determination of Eligibility form within two weeks of the date it was mailed is temporarily suspended.  Counties shall continue Kin-GAP payments even if receipt of the paperwork is delayed. (ACL 20-47, April 21, 2020.)

Separation of SIU and eligibility determination functions

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The California Department of Social Services (CDSS) has issued a reminder to counties that management of eligibility determination and program integrity investigation must be separate.

County Special Investigative Unit (SIU) staff is responsible for preventing and discovering fraud by applicants and recipients.  SIU staff must investigate fraud allegations.  County eligibility workers are responsible for referring cases to the SIU.

The SIU must be a separate organization, independent of organizations performing eligibility and benefit determination functions.  Counties must ensure separate and independent operation of eligibility and investigation activities.  SIU staff cannot dictate CalWORKs or CalFresh eligibility determinations but can make recommendations.  (All County Welfare Directors Letter May 1, 2019.)