If after consulting with the Kin-GAP Unit, it is determined that the case is eligible for Kin-GAP and the upcoming court hearing is scheduled for more than 60 days in advance, submit a. Kin-GAP payments will continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under WIC 388. Prior to the next status review report, discuss the legal and financial responsibilities of adoptions and legal guardianship/Kin-GAP with the relative caregiver. Kin-GAP, in an amount equal to the applicable regional per-child CalWORKs grant, shall be paid by the state. If the relative caregiver wishes to become the child's legal guardian and if court jurisdiction and child welfare services are no longer needed, attach the completed and signed SOC 369 and SOC 369A to the DI referral and the court report prior to the WIC 366.26 hearing. If the court has already terminated jurisdiction and the case has entered Kin-GAP, the CSW (if it has not been filed by the guardian, new guardian or prospective co- guardian) will have to file a WIC 388 to appoint a new guardian or co-guardian. Staff and families may consult with the Kin-GAP Unit if issues arise regarding a child's income. Kin-GAP Program . The successor guardian does not have to be a relative or non-relative extended family member (NREFM) to be eligible for Kin-GAP funding under the new federal law. SOC 369, Agency Relative Guardianship Disclosure, DCFS 1695, D-Rate Indicators and Referral Form, if SCI (D-rate) is indicated, DCFS 1696, F-Rate Indicators, if F-Rate is indicated, Verification of receipt of Regional Center services dual agency rate is indicated and SOC 837, SOC 836 and/or SOC 835 (if needed) dual agency supplemental rate is indicated, SOC 815, Approval of family Caregiver Form, if not accessible via CWS/CMS. WIC Section 11364(g) States in part that payments on behalf of a child who is a recipient of Kin-GAP benefits and who is also a consumer of regional center services shall be based on the rates established by the State Department of Social Services pursuant to Section 11464. Legal guardianship will not be recommended without the completed and signed SOC 369 and SOC 369A. If the relative caregiver does not wish to obtain legal guardianship or adopt, include the specific reasons in the next status review report including efforts made to achieve a more permanent plan. The annual ASFA home assessment of the relative caregiver's home is up to date. WIC Section 388.1 - Sets forth who may petition the court for re-entry benefits, including nonminors under Kin-GAP and AAP. Inform the relative that Kin-GAP benefits commence on the first day of the following month in which the SOC 369A is signed by all parties. Transportation costs for attending the hearing(s) associated with obtaining the legal guardianship, including mileage and parking. The California program, KinGAP was implemented in January 2000. Ensure that all the forms are completed correctly. If it is in the best interest of the child and the recommended plan is legal guardianship, complete and submit a. Submit the court report with signed copy of the SOC 369 and SOC 369A. For a child who doesn't meet these conditions, earned and unearned income is to be offset against the amount of the negotiated Kin-GAP payment. AB 12/212 Changes Related to Guardianships Extends payment of Kin-GAP and AAP up to age 21 for youth who have a mental or physical disability that warrants the continuation of assistance, regardless of the age of the child when the guardianship was established or initial AAP agreement was signed. Once the case enters Kin-GAP, the rate may be renegotiated at the redetermination or upon the guardian's request when the child's circumstances and needs change. In its position statement, the County, relying on direct g SSI (Supplemental Security Income): If the child has a disability, he or she may be able to get SSI or state disability benefits. Explain to the relative caregiver that the Kin-GAP start date may commence later depending on factors such as: When the hearing takes place and whether court will grant guardianship and/or terminate jurisdiction at that hearing as anticipated, The date the Kin-GAP referral is sent and received by the Kin-GAP Unit. Federal law now provides for the continuation of the Title IV-E Kin-GAP eligibility if the relative guardian dies or is incapacitated and the successor legal guardian is named in the agreement, or amendments to the agreement. Kin-GAP legal guardians are not eligible for the DCFS childcare subsidy. Assess if he or she would potentially qualify for a higher rate through SCI or Regional Center rate and make the applicable referrals to ensure that the child receives the. Provide the DI (if DI will be writing the WIC 366.26 report) with completed and signed SOC 369 and SOC 369A attached to the guardianship referral packet, and your efforts to inform the prospective guardian about Kin-GAP guardianship and that prospective guardian agrees with the plan. 0000001310 00000 n The SOC 369A has been revised to allow a successor guardian to be identified. This also applies to children participating in a transitional independent living case plan. Posts about Kinship Guardianship Assistance Program (Kin-GAP) & Adoption Assistance Program (AAP) written by John Burton Advocates for Youth AB 12 Question of the Week Use the search function on the bottom of the page to search an archive of 250 commonly asked questions about AB 12, the legislation that extended foster care in California. The state foster care funds previously used to support children and young adults in Californias Kin-GAP program will be used to support EFC because many of those children and young adults will now be eligible for funding through the federal Kin Those children determined to have previously received AFDC-FC payments must be reassigned to a county social worker, who will inform the relative guardian, and the child if over twelve (12) years of age, of the benefits of transitioning to Federal Kin-GAP and the process for making the transition. If the child is unable to reunify with their parents, the relative is asked to become the legal guardian for the child. If the child has a qualifying disability entitling the child to Regional Center services under WIC 11464(c), ensure that the child is assessed for and receives the appropriate dual agency rate prior to the case going to Kin-GAP. California Work Opportunit ies and Responsibility to Kids (CalWORKs) program. See Kinship Supportive Services for more information on the re-assessment process. Kin-GAP is a California and federally-funded payment program designed to support foster children who have been placed in long-term foster care with a relative caregiver. If the relative caregiver wishes to become the child's legal guardian and court jurisdiction and child welfare services are no longer needed, ensure that there is. Sets forth the requirements and the provisions for the Federally-funded Kin-GAP program. The Kinship Guardianship Assistance Payment program (Kin-GAP) is a new permanency option for children in long-term foster care placements with relative caregivers and in certain instances non related caregivers that have established a familial relationship with the child. Kin-GAP is a payment program for relatives who meet all of the following conditions: Care for a child in the formal foster care system. the Kinship Guardian Assistance Payment (Kin-GAP) and Adoption Assistance programs. When the case enters Kin-GAP the childcare subsidy expires after the current certification period. 0 The Kin-GAP child remains eligible for ILP services when he or she attains age sixteen (16) and when the youth and/or the caregiver requests for such services. The balance of Kin-GAP shall be paid in equal portions by the state and the counties. WIC Sections 11362(c) and 11391(c) provide the definition of Kin-GAP, Kinship Guardian, Sibling, and Relative. If setting a new date for the WIC 366.3 report, in the "Recommendation" section, recommend that the existing court date be advanced and vacated and that the court terminate jurisdiction. Enter the date of the determination and whether or not a referral will or will not be made to the Child Support Services Department (CSSD). Once the case has entered the new Kin-GAP program, a re-assessment is required at least every two years. KinGAP Requirements To be eligible for Kin GAP the child must: have been a court dependent, have lived with the relative for 12 consecutive months, have had the guardianship established as part of a permanent plan, and concurrently or Staff must collaborate closely with the Kin-GAP EW/Unit to ensure that new Kin-GAP cases are processed timely and seamlessly.