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.)