Resuming Services for Families Receiving Kin-GAP
0100-520.36 | Revision Date: 7/1/2014

Overview

This policy guide outlines the protocol for responding to a referral alleging child abuse/neglect in the home of a guardian receiving Kin-GAP funding, the required steps to open a case for the provision of services, and the assessment procedure when responding to a WIC 388 petition.

Table of Contents

Version Summary

This policy guide was updated from the 05/10/11 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title of the policy guide has been changed from "Providing Ongoing Services to a Kinship Guardianship Assistance Payment (Kin-GAP) Program Case".

POLICY

Resuming child welfare services for a family receiving Kin-GAP funding may be necessary following a referral and investigation of child abuse/neglect of a minor in the home of a Legal Guardian. Potential outcomes following the investigation may include:

  • Maintaining the child in the home of the Kin-GAP guardian and providing Voluntary Family Maintenance Services.
  • Placing the child in out-of-home care and providing Voluntary Family Reunification Services.
  • Maintaining the child in the home of the Kin-GAP guardian, reinstating court jurisdiction and providing court-ordered Family Maintenance Services.
  • Placing the child in out-of-home care, reinstating Court Jurisdiction and providing court-ordered Family Reunification Services.

These referrals are processed as in-home abuse. To minimize and/or avoid the interruption of Kin-GAP funding, specific procedures must be followed when resuming services. Kin-GAP payments must continue unless the juvenile court orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after a WIC 388 petition hearing.

Closing the Non-CWD Case Prior to Re-Opening a CWS/CMS Case

A non-Child Welfare Department (non-CWD) case is open on CWS/CMS primarily for funding purposes. To avoid interruption of Kin-GAP funding, all entries are completed on the non-Child Welfare Department (non-CWD) case.  However, the non-CWD case must be closed prior to the re-opening of the child's case in CWS/CMS. To view a non-CWD case, staff must contact the designated office County Office Administrator (COA).

When re-opening a case, the COA must suspend the period of time that the Non-CWD Kin-GAP case was open. In addition, prior to sending a case to suspense, CSW must verify that the Kin-GAP EW end-dated the file number assignment on the non-CWD Case.

Home Assessment Approval Requirements after the Court Reinstates Jurisdiction

If Court reinstates jurisdiction, the Legal Guardian's home must meet approval standards for relative caregivers in order for the caregiver to receive foster care payments. If there is no approval within the past twelve (12) months, an assessment must be completed.

Kin-GAP Payments

Kin-GAP eligibility applies to the following Kinship guardianships:

  • Kinship guardianship created through dependency with jurisdiction of the court terminated through dependency system
  • Kinship guardianship created through delinquency with jurisdiction of the court terminated through delinquency system.

The creation of a referral will not disrupt Kin-GAP payments to the relative legal guardian. However, if a child is removed from the home of a Kin-GAP legal guardian, a petition is filed and sustained and the child is subsequently returned, the caregiver is not eligible to receive foster care payments. In order for the caregiver to receive Kin-GAP, court jurisdiction must be terminated upon the return of the child to the Kin-GAP Legal Guardian. Voluntary Family Maintenance (VFM) services can be provided to close the case, however, they are not required for case closure. However, Kin-GAP payments cannot be initiated until court jurisdiction is terminated and the service case is closed.

A child who is Kin-GAP benefit eligible through a guardianship created in dependency court can still receive Kin-GAP benefits when they become involved with the delinquency system. Kin-GAP benefits to the guardian are stopped for the period of removal. When the child is returned to the guardian, the guardian may be eligible for continued Kin-GAP payments.

WIC 388 Petitions

When a WIC 388 petition is filed regarding a child residing with a Kin-GAP legal guardian, the Hearing Officer makes a determination whether the petition should be denied or accepted for filing in court. If the Hearing Officer decides to accept the petition, a hearing date is set and DCFS is ordered to submit a WIC 388 Response Report. WIC 388 petition response reports are to be assigned to a DI, except when there is a CSW already assigned to the case or a sibling's open case. Refer to the DI and CSW responsibilities in the policy guide for WIC 388 Petition Response Reports.

PROCEDURE

Child Protection Hotline (CPH) CSW Responsibilities

  1. Create a referral by following procedures as outlined in the Child Protection Hotline (CPH) policy guide.
    • In the Screener Alert field, enter "Kin-GAP Legal Guardian".

Emergency Response (ER) CSW Responsibilities

  1. Respond to and investigate the referral.
  2. If it is determined that child welfare services are not necessary, close the referral.
  3. If it is determined that child welfare services are necessary, identify which services will best address the needs of the family and follow the steps outlined in the following procedural sections based on the service component.

ER CSW Responsibilities

  1. Complete a DCFS 280, Technical Assistance Action Request, to notify the Kin-GAP Eligibility Supervisor (ES) that voluntary services will be provided to a KIN-GAP legal guardian.
    1. On the DCFS 280, request that the ER CSW be designated as the primary assignment CSW.
    2. Fax the DCFS 280 to the attention of the Kin-GAP Approved Unit's ES at (626) 691-0953.
      • Include your name and file number, the name of your SCSW and office location on the fax cover sheet.
  2. Once the Kin-GAP Approved Eligibility Worker (EW) notifies you that the primary assignment has been changed, create a voluntary case on CWS/CMS.
  3. Close the referral with the closure reason as "child already in a case" and establish the voluntary case in the non-CWD module.
  4. Complete the initial case plan and any other requirements in compliance with the case transfer criteria and transfer the case accordingly.

Case-Carrying CSW Responsibilities

  1. Upon receipt of the case assignment, initiate and provide ongoing services to the child and legal guardian.
  2. When closing voluntary services for a KIN-GAP legal guardian, submit a DCFS 280 to notify the Kin-GAP Eligibility Supervisor (ES) that voluntary services are being terminated.
    1. Fax the DCFS 280 to the attention of the Kin-GAP Approved Unit's ES to (626) 691-0953.
    2. Include the CSW's name and file number, the name of your SCSW and office location on the fax cover sheet.
  3. Send the case to Suspense, without closing the non-CWD case, after the following conditions have been met:
    • The change in primary assignment is complete and has been verified.
    • All applicable CWS/CMS documentation is complete.
    • The physical case is in case file format.

Court Ordered Family Maintenance Services

ER CSW Responsibilities

  1. If court jurisdiction is reinstated for the child, determine the date the relative caregiver's home was approved or reassessed prior to the termination of court jurisdiction.
  2. If the relative guardian's home needs to be assessed to determine eligibility for Foster Care (Youakim) funds, inform the relative guardian of the need for a home assessment.
  3. Pending the initial eligibility determination, advise the caregiver to apply for CalWORKs if financial assistance is necessary.
    1. Advise the relative caregiver of the following:
      • CalWORKS funds are less than Foster Care (Youakim) funds.
      • Eligibility determination will be completed within 45 days.
      • An Eligibility Worker will notify them of the results.
  4. Immediately complete the DCFS 280, Technical Assistance Action Request, to notify the Kin-GAP Eligibility Supervisor (ES) to request termination of the Non-CWD module.
    1. Fax the DCFS 280 to the attention of the Kin-GAP Approved Unit's ES to (626) 691-0953.
    2. Include your name and file number, the name of your SCSW and office location on the fax cover sheet.
  5. After the Kin-GAP AP Stop EW notifies you that the placement/replacement episode in the Non-CWD module was terminated, close the referral with the closure reason as "child already in a case".
  6. After the Kin-GAP Section notifies you that the non-CWD module has been closed:
    1. Complete a SAAM's request form to reinstate the state number
    2. Notify the Office's County Office Administrator (COA) to re-open the child's case on the CWD module of CWS/CMS.
  7. Transfer the case when the following conditions have been met:
    • You have received a signed SAAM's form verifying that the request has been completed.
    • The COA has re-opened the case.
    • The initial case plan has been completed any other existing case. requirements per the case transfer criteria have been satisfied

County Office Administrator (COA) Responsibilities

  1. Upon receipt of a request to re-open a CWD case in CWS/CMS, re-open the case by following procedures outlined in Creating a Case without a Referral.
  2. Suspend the period of time that the Non-CWD Kin-GAP case was open by following the steps below:
    1. Click on the "Reopen Closed Case" from the Action menu.
    2. Once the "Reopen/Suspend Case" window opens up, select "Yes" in order to document a suspension.
    3. Select "Guardianship Set Aside" in the "Reason for Suspension" drop-down menu.
    4. Input the date the Kin-GAP case was started in the "Suspension Start Date" field.
    5. Input the date the Kin-GAP case was ended in the "Suspension End Date" field.
    6. Select "Court Involvement" as the Case Status Following the Suspension Period.
    7. Select "Permanent Placement" in the "Case Status Following the Suspension Period" drop-down menu.
    8. In the "Suspension Period Assignment" section, select:
      1. "Suspended Case Unit" in the Unit drop-down menu
      2. "Kin-GAP" in the Caseload drop-down menu
    9. In the Primary Assignment section, enter the new primary assignment (CSWs information) to the case.
      • Select the respective CWS Office assignment in the CWS Office drop-down menu.

Case-Carrying CSW Responsibilities

  1. Upon assignment to the case, initiate and provide the necessary services to the child and legal guardian.
  2. If the ASFA home assessment has been completed, submit a DCFS 280, Technical Assistance Action Request, and the signed SOC 815, Approval of Family Caregiver Home to the corresponding TA/EW to request case eligibility/determination and if applicable, initiation of Foster Care benefits.
  3. When court jurisdiction is terminated for a child under court ordered FM services submit a DCFS 280 to the ES requesting termination of the Foster Care placement and to resume Kin-GAP payments.
    1. Fax the DCFS 280 and a copy of the minute order showing that jurisdiction was terminated, to the Kin-GAP Intake Unit, attention of the Kin-GAP ES to (626) 691-0953.
    2. Include your name and file number, the name of your SCSW and office location on the fax cover sheet.
  4. Close the case when the following conditions have been met:
    1. The Kin-Gap EW has notified you that Kin-GAP has been approved.
    2. The Kin-Gap EW has indicated that the case may be closed in order to resume Kin-Gap payments.

Family Reunification Services: Voluntary or Court Ordered

ER CSW Responsibilities

  1. If it is determined that voluntary family reunification services will be provided, submit a DCFS 280, Technical Assistance Action Request to the Kin-GAP ES and request termination of the Non-CWD module.
  2. If the child is removed from the home of the legal guardian, and the court reinstates jurisdiction and orders family reunification services, submit a DCFS 280 and notify the Kin-GAP Eligibility Supervisor (ES) to request Kin-GAP placement/placement episode termination in the Non-CWD module.
    • Discuss the case with the Kin- GAP Unit to determine possible eligibility issues and/or additional documentation required prior to initiating Kin-GAP as a permanency option following reinstatement of court jurisdiction.
  3. Fax the DCFS 280 to the Kin-GAP Section to the attention of the Kin-GAP Approved Unit's ES to (626) 691-0953.
    • Include your name and file number, name of your SCSW and office location on the fax cover sheet.
  4. Follow ER CSW Responsibilities steps two (2) through seven (7) in the above section for Court Ordered Family Maintenance Services.
  5. For Voluntary Placements, if replacing the child in a relative or nonrelative extended family member's (NREFM) home, refer the case for an RFA home assessment.

County Office Administrator (COA) Responsibilities

  1. Follow all COA Responsibilities listed in the Family Maintenance Services Section above.
    • For voluntary cases, indicate "Voluntary" as the Case Status Following the Suspension Period.

Case-Carrying CSW Responsibilities

  1. Provide appropriate ongoing services to the child and legal guardian.
  2. When closing a voluntary FR case for a Kin-GAP legal guardian or terminating jurisdiction and returning the child to the home of the legal guardian, submit a DCFS 280, Technical Assistance Action Request, and:
    1. Notify the Kin-GAP Eligibility Supervisor (ES) that voluntary or court ordered FR services are being terminated
    2. Request termination of Foster Care placement and to resume Kin-GAP payments.
  3. Fax the DCFS 280 to the Kin-GAP Intake Unit to the attention of the Kin-GAP Unit's ES to fax number (626) 691-0953.
    • Include your name and file number, name of your SCSW and office location on the fax cover sheet.
  4. After notification that Kin-GAP has been approved and that the case may be closed to resume Kin-Gap payments, close the case.

Child Protection Hotline/Regional CSW Responsibilities

  1. If a Kin-GAP legal guardian contacts the Department through the Hotline or via the CSW to request services, and there is no indication of child abuse, provide the guardian with appropriate referrals, forms, etc.
  2. Provide the guardian with the general toll free number to Kinship Support Services (888) 694-7263 and the contact information for the nearest Kinship Resource Center:

Kinship Center

Contact Information

North

5035 W. Slauson Ave., Suite G

Los Angeles, CA 90056

323-298-3515

South

421 S. Glendora Ave., Suite 100

West Covina, CA 91790

(626) 430-3200

A WIC 388 Petition is Filed

For WIC 388 petitions in which a Kin-GAP legal guardian requests a change in the permanent plan from legal guardianship to adoption, refer to Change of Permanent Plan from Legal Guardianship to Adoption.

JCS SCSW/Court Room SCSW Responsibilities

  1. Contact the DI SCSW servicing the area where the Kin-GAP legal guardian resides and notify them of the hearing date.
  2. Fax and then send the hard copy of the petition and minute orders for:
    • The court hearing date in which jurisdiction was reinstated and the WIC 388 Petition Response report was ordered; and
    • The court hearing date in which the legal guardianship was granted

DI SCSW Responsibilities

  1. Review the legal packet and assign a DI on the non-CWD case.
  2. Notify the Kin-GAP Eligibility Supervisor (ES) and Eligibility Worker (EW) via e-mail to make a temporary DI secondary assignment on the non-CWD case.
    • Notify the Kin-GAP section not to close the non-CWD case until notified after the WIC 388 hearing.
  3. Review and approve the Response to the WIC 388 Petition court report.
    • If corrective action is required, return to the CSW as necessary.
  4. After the WIC 388 hearing:
    1. If the court does not order that the child be removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction, complete the following:
      1. Notify the Kin-GAP ES of the court decision and that the DI's secondary assignment will be ended
      2. All applicable CWS/CMS documentation and physical case preparation
      3. Close the DI's segment of the case and send the case to Suspense
    2. If the court orders that the child be removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction, complete the following:
      1. Notify the Kin-GAP ES to close the non-CWD case
      2. Immediately instruct the DI to refer the case for an RFA home assessment.
  5. After receiving e-mail notification from the Kin-GAP section that the non-CWD module has been closed:
    1. Complete a SAAM's request form to reinstate the state number.
    2. Notify the Office's County Office Administrator (COA) to re-open the child's case on CWS/CMS
  6. Send a completed DCFS 4366, Children's Services Case Transfer Sheet, to request that a Regional (case-carrying) CSW be assigned as primary and the DI case file assignment after the following conditions have been met:
    1. A signed SAAM's form verifying that the request has been completed, has been received.
    2. The COA has re-opened the case.

DI Responsibilities

  1. Send notices regarding the petition to the required parties such as the legal guardian(s), the parents (if parental rights have not been terminated) and children ages ten (10) years and older.
  2. Prepare and complete the WIC 388 petition response report.
  3. If, the court orders that the child be removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction, make a referral to ASFA as soon as possible.
  4. On the "Additional Information" section of the Kinship Home Assessment Request form, write "Kin-GAP case"
    • If there is no assigned ASFA worker on the case or not contacted by ASFA section within one week, contact the ASFA section to ensure that an ASFA worker has been assigned to the case.
  5. If applicable, discuss with the legal guardian the possible break in funding due to court jurisdiction being reinstated.
    • Advise the guardian that they can apply for CalWORKS funds in the interim.
  6. Inform the relative guardian of the following:
    1. That a home assessment is required for the receipt of Foster Care/ Youakim funds.
      • The home must have been assessed and approved by an ASFA within the past twelve (12) months
    2. That DCFS will review the case and determine foster care eligibility and that they will be advised accordingly and if applicable, of the need to apply for CalWORKS.
  7. Document all the above in the Contact Notebook.
  8. Prepare the case file and submit it to the DI SCSW for CSW assignment.

County Office Administrator (COA) Responsibilities

  • Follow all COA Responsibilities listed in the Court Ordered Family Maintenance Services Section.

Case-Carrying CSW Responsibilities

  1. If the child remains in the home of the legal guardian, contact the family within ten (10) calendar days of receipt of the case to schedule a face-to- face visit.
  2. Follow-up on the status of the ASFA referral and provide any other needed information/documents as requested and as necessary.
  3. When the ASFA home approval has been completed, submit a DCFS 280, Technical Assistance Action Request, to initiate AFDC-FC funding as appropriate.
    • Attach the SOC 815 to the DCFS 280.
  4. Advise the legal guardian that foster care payments are sent out on the fifteenth (15th) of the month following the month of provided care rather than the first (1st) of the month as with Kin-GAP.
  5. Provide the family with the necessary and appropriate services.

Regional SCSW Responsibilities

  1. If it has been determined that a DI will not be assigned to the case and that the Regional CSW will be responsible for writing the WIC 388 response report, complete the DCFS 4366, Children's Services Case Transfer Sheet, and request that the case-carrying CSW be assigned as primary on the CWD case.
  2. Review the case upon receipt and forward to the assigned case-carrying CSW.
APPROVALS

SCSW Approval

  • DCFS 280, Technical Assistance Action Request
  • Case closure
  • Response to the WIC 388 petition
HELPFUL LINKS

Forms

CWS/CMS

SOC 155, Voluntary Placement Agreement, Placement Request

SOC 815, Approval of Family Caregiver Home

Hard Copy

SAAM's form

LA Kids

ASFA Home Assessment Request form

DCFS 280, Technical Assistance Action Request

DCFS 4366, Children's Services Case Transfer Sheet

SOC 155, Voluntary Placement Agreement, Placement Request

SOC 815, Approval of Family Caregiver Home

REFERENCED POLICY GUIDES

0050-502.10, Child Protection Hotline (CPH)

0070-548.10, Investigation, Disposition and Closure of Emergency Response Referrals

0080-502.25, Court Family Maintenance and Voluntary Family Maintenance

0100-510.21, Voluntary Placement

0300-508.30, Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)

0100-520.35, Kinship Guardianship Assistance Payment (KIN-GAP) Program

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-503.99, Change of Permanent Plan from Legal Guardianship to Adoption

0300-503.41, WIC 388 Petitions: Response Reports

0400-503.10, Contact Requirements and Exceptions

1000-504.10, Case Transfer Criteria and Procedures

1200-500.90, Model Case Format (MCF)

1200-503.20, Creating a Case without a Referral: ICPC, Probate Legal Guardian, and Probate Court

STATUTES AND OTHER MANDATES

All County Letter (ACL)11-28, Brazwell v. Wagner Case No. RG10505601, court ruling which states that a child who is Kin-GAP benefit eligible through a guardianship created in dependency court is not disqualified from receiving Kin-GAP benefits when he or she subsequently becomes involved with the delinquency system.

Welfare and Institutions Code Section 366.3(c), States that after the establishment of a legal guardianship, the county welfare department shall notify the court if a change in circumstances indicate adoption may be an appropriate plan for the child. The court may vacate the previous order dismissing dependency jurisdiction over the child and order a WIC 366.26 hearing to determine the most appropriate plan for the child.

WIC Section 11361, States that the Kinship Guardianship Assistance Payment Program is intended to enhance family preservation and stability, and that legal guardianship can be granted to the relative and dependency dismissed pursuant to Section 366.3.

WIC Section 11362, Defines "Kinship Guardianship Assistance Payments (KIN-GAP)" as the aid provided on behalf of children in kinship care. It also defines "Kinship guardian" as a relative of a dependent child who has been appointed the child's legal guardian.

WIC Section 11366, States that a child who is eligible to receive Medi-Cal benefits with no share of cost shall maintain that eligibility notwithstanding the receipt of KIN-GAP by his or her kinship guardian.

WIC Section 11363(b), States that subsequent to the termination of dependency jurisdiction, if a person files a WIC 388 petition with the juvenile court, Kin-GAP payments shall continue unless the juvenile court orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction.