Kinship Guardianship Assistance Payment (Kin-GAP) Program Redetermination/Reassessment
E050-0515 | Issued Date: 6/7/2023

Overview

This policy provides guidelines for Eligibility Workers (EW) to ensure that the requirements of the Kinship Guardianship Assistance Payment (Kin-GAP) program are continued to be met after during a redetermination/reassessment period every 24 months following the initial eligibility determination. This policy is applicable to all new and existing cases.

Table of Contents

Version Summary

This policy guide was updated from the 01/28/13 version, to align with the implementation of the California State Automated Welfare System (CalSAWS) and instructions set forth by the All County Letters 11-15, 11-86, 12-43, 14-28, 15-66 and 19-34 and Department of Health Care Services (DHCS) All County Welfare
Director’s Letter No. 11-06.
POLICY

Kinship Guardianship Assistance Payment (Kin-GAP) Program and Effective Dates

On January 1, 2000, the Kin-GAP Program was implemented by the California Department of Social Services (CDSS) to promote permanency for foster children by providing financial assistance for relative and nonrelative extended family members (NRFMs) who are granted legal guardianship (LG) and dependency court jurisdiction is subsequently terminated.

The Kin-GAP Program has two (2) components:
1. A federally funded component when the child is eligible for Title IV-E foster care.
2. A state-funded component when the child is not eligible for Title IV-E foster care.

Effective Dates

Effective January 1, 2011, all new Kin-GAP applications were to comply with the eligibility criteria requirements to determine benefits under the state or federally funded Kin-GAP Programs.

Effective January 1, 2014, guardianship established by the juvenile court with a fictive relative of a federally eligible dependent on or after the effective date of approval of the state plan amendment were eligible to enter the federal Kin-GAP Program.

Parent in Home

Under AB 2876, a Kin-GAP case will not be discontinued if a child’s parent(s) moves into the home of the Kin-GAP caretaker relative LG.

Requirements for Relative and Fictive Relative

  1. The child/youth must have resided in the approved home of the relative/NREFM guardian for at least six (6) consecutive months, while under the jurisdiction of the juvenile court, or under a voluntary placement agreement. The home does not need to be approved again after legal guardianship is granted and court jurisdiction is terminated.
  2. The child/youth must have been removed from the parental home pursuant to a voluntary placement agreement or as the result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child and, has been adjudged a dependent child of the juvenile court pursuant to W&IC section 300 or, effective October 1, 2006, a case terminated of the juvenile court pursuant to W&IC section 601 or 602.
  3. A written binding agreement requested by the relative/NREFM guardian and the county welfare agency, probation department, or Title IV-E agreement tribal agency prior to establishment of the guardianship.
  4. A kinship guardianship established, pursuant to W&IC sections 366.26 or 728(d), dependency dismissed, pursuant to W&IC section 366.3 or dependency case terminated pursuant to W&IC section 728(e) concurrently or subsequently to the establishment of the kinship guardianship.

Kin-GAP Episode Termination, Suspension and Case Closure

Once a child/youth is determined eligible to receive Kin-GAP, the child/youth remains eligible and benefits will continue, unless one of the following occurs:
  1. The responsible county agency determines the relative LG or Non Related Legal Guardian (NRLG) is no longer providing support to the child/youth.
    • Support may include any type of financial contributions, such as maintaining a room for the child/youth, covering the costs for clothing, personal incidentals, tuition, therapy, or paying for other expenses related to the child’s care.
    • The agency may continue payments if the child is a nonminor and moves to attend post-secondary school or otherwise lives independently of the relative guardian, as long as the relative guardian continues to provide support to the child. If the child leaves the relative guardian’s home while still a minor for these same reasons, the payment to the relative guardian may continue provided that the county agency makes a good cause determination for the child’s absence from the relative guardian’s home.
  2.  Kin-GAP guardianship was terminated.
  3. Court jurisdiction under W&IC sections 300, 601 or 602 is established/restored.
  4. The child/youth becomes legally emancipated under Family Code section 7120 marries, dies, or enlists in the military.
  5. The responsible agency is unable to verify continued eligibility, such as failure of the relative LG or NRLG to complete and return the KG 1, KG 2, KG 3, SOC 369A and School Verification DCFS 1725.1 when child/youth is 17 years and 10 months. By signing the written agreement, the LG acknowledges responsibility for reporting changes, including changes in the need of the child/youth or the circumstances of the LG that could affect payment.
    • If a child/youth leaves Kin-GAP, goes under the jurisdiction of the Dependency or Delinquency Court, once the court dependency or delinquency is terminated, if the child/youth comes back into the same LG caregiver’s home, the Kin-GAP case can be re-instated as long as the caregiver has retained guardianship over the child/youth.
    • If a youth/NMD terminates their Kin-GAP case at age 19 years, they are not eligible for re-entry to Kin-GAP.

Age Requirements

Extension of Kin-GAP Program Benefits and Adoption Assistance Payments (AAP) to age 21 and Procedural Guide E050-0520, Extended Kinship Guardianship Assistance Payment (Kin-GAP) Program.
  • The original Kin-GAP program aided youth through their 18th year and up to the age of 19, if they were meeting eligibility and school requirements.
  • Assembly Bill 12 revised the Welfare and Institutions Code (W&IC) in that effective January 1, 2011, children/youth receiving Kin-GAP benefits, which have a documented mental or physical disability that warrants the continuation of assistance, are eligible to receive benefits to age 21 regardless of the age of the child/youth when the initial kin guardianship was ordered.

Assessment/Reassessment/Renegotiation

An assessment of the child/youth needs and circumstances of the LG is completed when Kin-GAP is initially established. This assessment determines the initial Kin-GAP rate amount.
  • Eligibility Workers (EW) identified as “Intake EWs” complete the initial assessment/determination
A reassessment is the review of the needs of the child/youth or circumstances of the LG which is performed at a minimum every two years; this process is initiated through the submission of the SOC 369A by the LG.
  • Eligibility Workers (EW) identified as “Redetermination EWs” complete the reassessment/redetermination.
  • A Kin-GAP case is reassessed no less than every two (2) years. The first and subsequent reassessments are set up once the intake has been completed, and prior to forwarding the case to a Reassessment Kinship Child Services Worker (CSW).
A reassessment is different than and, in addition to, a
redetermination that may be required. If the needs of the child or circumstances of the relative guardian change, the agency and relative guardian may renegotiate to adjust a payment or benefits prior to the next two (2) year reassessment.
  • For Probation youth transitioning back into Kin-GAP with the same LG, if there is an existing SOC 369A on file, signed within two (2) years, then Kin-GAP can be restarted effective the date that the youth is placed back into the relative’s home.
  • If there was no SOC 369A signed within two (2) years, the EW is to request a new SOC 369A from the Kinship CSW, and the Juvenile Court Minute Order (Prob 602) from the Revenue Enhancement Division (RED) Probation Unit in order for the Kin-GAP payment to start on the date of the Prob 602 or the date the child/youth is release back to the LG.
    • The dates on the Prob 602 and SOC 369A should be the same.
  • If the child/youth has been in Probation longer than 9 months, the case will go through Intake for a reassessment of the eligibility criteria, if less than 9
    months, the case will go back to the last Redetermination ES, to be assigned to a Redetermination EW for continuation of Kin-GAP.

County with Payment Responsibility

The county that had court-ordered jurisdiction of the child/youth pursuant to WIC sections 300, 601, or 602 shall be responsible for paying the child’s Kin-GAP benefits regardless of where the child/youth resides.
  • If a child/youth received a host county/state rate while in foster care, the Kin-GAP payment shall continue to be based on the host county/state rate.
  • If a child/youth moves to another county/state, after dependency is dismissed and Kin-GAP guardianship is established, the host county/state rate is budgeted.

Medi-Cal/Medicaid

Medi-Cal benefits may be impacted if the Kin-GAP LG moves to another state.
  • A child/youth determined Title IV-E eligible for Kin-GAP is categorically eligible for Medicaid in the state where the child resides.
  • A child receiving non-Title IV-E or state-funded Kin-GAP is eligible for Medi-Cal as long as the child is eligible for the Kin-GAP payment and is a resident of California in accordance with residency requirements pursuant to Title 22.
LGs must apply for Medicaid on behalf of the federally eligible child/youth in the new state of residence. A Medicaid “COBRA” letter may be obtained from the EW to expedite the application process.

Recipients moving or living out-of-state should be made aware of the availability of medical benefits. State-only eligible Kin-GAP recipients may not receive federal Medicaid if the new state of residence does not have reciprocity with California.

Out-of-County or Out-of-State

Under both the state and federally funded programs, Kin-GAP payment/benefits continue, regardless of the county or state of residency in which the LG and/or child/youth reside, as long as the LG continues to provide the youth with support. The LG and child/youth do not have to be living together (i.e. the youth is attending school away from where the LG resides). The payment will be based on the host county’s/state’s rate, or the rate of the county/state which had court-ordered jurisdiction over the caregiver guardianship if it is determined that the host county/state rate cannot be paid.

Families moving out of California shall be encouraged to research the applicable laws of the new state or county of residency to determine the impact the move will have on all other issues, including the ability to enroll the child/youth in school, arrange for health coverage and accessibility to other appropriate services with California and access other appropriate resources.

Aid Codes

Aid Code 4T - Kinship Guardianship Assistance Payment (Kin-GAP) Federal
  • Serves former and current IV-E eligible foster child/youth up to 18 years old through establishment of a legal guardianship. Includes disabled youth under 21 years old.
Aid code 4S – Kinship Guardianship Assistance Payment (Kin-GAP) Federal
  • Serves former and current IV-E eligible Kin-GAP youth age 18 and older up to age 21, where the youth attained 16 years of age before Kin-GAP payments commenced and the youth is participating in one or more of the five participation conditions. Also serves disabled former and current Kin-GAP youth up to 21 years old.
Aid Code 4F - Kinship Guardianship Assistance Payment (Kin-GAP) Non-Federal
  • Serves former and current non-IV-E eligible foster child/youth up to 18 years old including new and existing PRUCOL cases.
Aid Code 4W – Kinship Guardianship Assistance Payment (Kin-GAP) Non-Federal
  • Serves former and current non-IV-E eligible Kin-GAP youth age 18 and older up to age 21, where the youth attained 16 years of age before Kin-GAP payments commended and the youth is participating in one or more of the five participation conditions. Includes PRUCOL cases over 18 years, but under 21 years.
Aid Code 4G - Kin-GAP Non-Federal (Effective January 1, 2012)
  • Serves former and current non-IV-E eligible Kin-GAP child/youth over 18 years up to 21 years old due to a disability.

Alternate or Co-Guardianships

If an alternate kinship guardian or kinship co-guardian is appointed pursuant to WIC 366.3, the alternate or co-guardian shall be entitled to receive Kin-GAP on behalf of the child/youth, (AB 2876.)
  • A new period of six (6) months of placement with the alternate guardian or co-guardian shall not be required if that alternate guardian or co-guardian has been assessed pursuant to WIC 361.3 and 361.4 and the court terminates dependency jurisdiction.
  • If the alternate guardian or co-guardian has never been assessed, this requires that an RFA assessment of the home must be approved prior to the court terminating dependency jurisdiction and approving Kin-GAP.

Eligibility For Extended Benefits

Per ACL 11-86, there are two distinct ways AAP and Kin-GAP benefits may be extended beyond age 18:
  • Children/youth receiving AAP benefits and, effective January 1, 2011, children/youth receiving Kin-GAP benefits who have a documented mental or physical disability that warrants the continuation of assistance are eligible to receive benefits to age 21 regardless of the age of the child/youth when the initial adoption assistance agreement was signed or the kin guardianship was ordered; or
  • Children/youth who do not have a documented mental or physical disability that warrants continuation of benefits may be eligible for Kin-GAP or AAP benefits after the age of 18-years old if they meet one of the five participation criteria stated in W&IC section 11403(b).  See E050-0520, Extended Kinship Guardianship Assistance Payment (Kin-GAP) Program.

Brazwell v. Wagner Court Ruling

The Juvenile Court in California governs both delinquency and dependency. The Brazwell v. Wagner recent court ruling recognized two distinct divisions within juvenile court jurisdiction. As a result, the court recognizes that WIC 11363 provides two routes to Kin-GAP eligibility. One route is kinship guardianship created through dependency with jurisdiction of the court being terminated through dependency system. The other is kinship guardianship created through delinquency with jurisdiction of the court being terminated through delinquency system. Per the ruling, a child who is Kin-GAP benefit eligible through a guardianship created in dependency court is not disqualified from receiving Kin-GAP benefits when they subsequently become involved with the delinquency system (i.e. case terminated/probation established). Kin-GAP benefits to the guardian are stopped only for the period of removal. However, when the child is returned to the guardian, the Kin-GAP payments shall be resumed.

Notices of Action (NOA)

All Notices of Action (NOA) are child specific and applicable to children who were determined to be federally or State eligible.

An NOA is completed by the EW taking the action when aid is granted, increased, decreased, discontinued, deferred, terminated and/or request for a rate change is denied.

For a rate decrease, an NOA should be sent at least ten (10) days prior to the rate decrease.

An NOA will also be sent when the County demands repayment of an overpayment or when the County takes action after the claimant has conditionally withdrawn a request for a State Hearing. Two (2) copies are sent to the caretaker, one (1) copy to the CSW and one (1) copy is retained in the child’s eligibility case. The NA Back 9 will be attached to all NOA’s.
PROCEDURE

Redetermination of Kin-Gap Eligibility

Kin-GAP Approved Eligibility Worker (EW) Responsibilities

  1. Review The Site to ensure the KG 2 is sent to the relative LG/NRLG 90 days prior to the redetermination due date.
    • A face-to-face interview is not required; they may return the KG 2 via the U.S. postal service.
  2. Send the relative LG/NRLG caregiver a KG 2 along with a self-addressed stamped envelope.
  3. Confirm via the DCFS 5420 the relationship between the legal guardian and the child/youth prior to the 1st redetermination following the initial determination of eligibility for Kin-GAP.
  4. If the KG 2 has not been returned by the deadline date take the following action:
    1. Contact the relative LG/NRLG to determine whether they ever received the KG 2 and/or mailed it back.
      1. If they indicate that they never received it, confirm the address and send a second KG 2 for completion and signature. Include a self-addressed envelope.
      2. If they indicate that they have received it and that they have mailed it back, wait two (2) additional business days. If not received then contact the relative LG/NRLG advising them that we have to send out a second KG 2 for completion/signature.
  5. Upon receipt of the KG 2 indicating the completion of the redetermination questions, proceed with the following steps:
    1. Review the eligibility hard copy case and reconcile the information on the KG 2 and eligibility case with the CWS/CMS and CalSAWS case.
    2. Ensure the following eligibility requirements are met:
      1. Age
      2. Property
      3. Citizenship
      4. Residence
      5. Income
      6. Child Support
    3. Once reunification services are not offered or are terminated, the case may be referred to the local child support agency unless the permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may impact the stability of the current placement with the related guardian. In that situation, the responsible agency shall make a determination whether it is in the best interests of the child to have the case referred to the local child support agency for child support services (see Child Welfare Services Manual of Policies and Procedures section 31-503 and ACL No. 05-37).
    4. At age 19 a Child Support referral is no longer required. Per California law, the age of majority in California is 18 years except if an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, is considered a minor until the time the child completes the 12th grade or attains the age of 19 years, whichever
      occurs first.
    5. Obtain an individual primary inquiry (QM, Q1, Q2, and Q3) under the Medi-Cal Eligibility Data System (MEDS) to make sure the child/youth’s Medi-Cal is active, and whether there is other health coverage or health maintenance organization enrollment, if the child’s aid code is accurate and if this information is consistent across all systems.
    6. If a correction is required, send a referral to the Centralized Medi-Cal unit advising them of the required action.
    7. Ensure the correct aid code has been set up on the child’s MEDS, CWS/CMS and CalSAWS case.
  6. Request Income Eligibility Verification System (IEVS) via MEDS or CalSAWS to verify any kind of income received for the child/youth.
    • IEVS time period to receive the information is three (3) business days.
  7. If at redetermination it is indicated that there is income or when the Kin-GAP LG advises that there is income for the child, take the following steps to determine the
    type and frequency of income:
    1. Question whether the income is received on a regular basis, and the type of income.
    2. If income is through earnings, request a copy of the pay stubs or other proof of earnings (e.g. earning statements, employment letter, pay stubs, etc.). This will be necessary to determine if the amount reported was the gross or net amount.
    3. Upon receipt of income verification, determine if the income is earned or unearned.

Earned Income

  1. Determine if the earned income is exempt. Exemptions of earned income include:
    1. Job Training Partnership Act (JTPA).
    2. Full-time student status
    3. College Work-Study Program and Independent Living Program (ILP).
    4. Including age extension benefits the child may be entitled.

Unearned Income

  1. Determine nonexempt earned income and unearned income eligibility.
    1. Access the child/youth’s case in CalSAWS under the Eligibility/Financial/Income to update the child/youth’s unearned income.
      • The CalSAWS system will automatically deduct the nonexempt income from the Kin-GAP payment after running EDBC.
      • Access the Journal and document all the action taken.
  2. Access CWS/CMS Case Management Section for the following:
    1. Open the Existing Document Case to complete case notes for any action taken.
  3. If there is need for a change in the rate amount, the Kin-GAP agreement (SOC 369A) may require modification. Advise the Kin-GAP LG to contact the Kin-Ship Resource Center as the following
    1. There is a difference between an adjustment of rate and a rate change. An adjustment change occurs when there is:
      1. income change
      2. Age related change (cases before 2017).
      3. Specialized Rate.
      4. Cost of Living Allowance (COLA) for host county rates.
    2. A rate change is the result of a change in the physical or mental condition of the child or family change circumstance that may increase or decrease the rate amount.
      • This type of change does require a referral to the Kin-Ship Resource Center.
      • A Level of Care (LOC) assessment is needed to determine the rate.
  4. Obtain the Title II and Title XVI print outs from MEDS, and review the following:
    1. If the Title XVI or Title II printouts indicate that the child did not receive SSI or SSA and the KG 2 indicates the child received no income, continue with the redetermination.
    2. If the child/youth is federally eligible and the Title XVI print out indicates that the child received SSI, submit a DCFS 341 and an SSI Request to the Revenue Enhancement Division (RED) SSI Unit via email at SSIRED@dcfs.lacounty.gov
    3. If the child/youth is state eligible and the Title XVI print out indicates the child received SSI, contact the Legal Guardian (LG) via telephone to decide between SSI or Kin-GAP funding, and consider the following:
      1. If the LG chooses to receive SSI funding, the Kin-GAP case is to be closed.
        • It is the responsibility of the caregiver to notify the Social Security Administration (SSA) when they make the choice to receive Kin-GAP.
        • Send an NOA of Kin-GAP discontinuation to the LG.
      2. If the SSI is greater than the Kin-GAP payment, the LG has the right to choose either SSI or Kin-GAP. If the LG decides to continue with the Kin-GAP program, request the SSA Award Letter from the LG discontinuing SSI funding and MediCal, and the whole Kin-GAP benefits is paid.
        • Send an NOA to inform the LG that Kin-GAP payments will be sent.
      3. If the SSI is lower than the Kin-GAP rate, take appropriate action to set up a deduction of the SSI from the Kin-GAP rate, remembering that this deduction will be dollar for dollar.
        • Send an NOA of rate change to the Kin-GAP LG.
    4. If the Title II printout indicates that the child receives Social Security Survivor’s Benefit (SSA), determine if the SSA is due to disabled or deceased parent.
      1. If the SSA is due to a disabled parent, complete the disregard when applicable, deduct the disregard from the SSA; then the balance is deducted from the Kin-GAP payment.
        • The disregard will be $600.00.
      2. If the SSA is due to a deceased parent, the entire amount is deducted from the Kin-GAP grant.
  5. If the child/youth is 17 years and ten (10) months or older, complete and send the School Verification DCFS 1725.1 to the child/youth’s legal guardian. Set a control Case Follow-Up DCFS 26-1 for the return of the DCFS 1725.1. If the EW receives the DCFS 1725.1 back from the child/youth’s legal guardian, document the child/youth’s current school status in the CWS/CMS case notes and complete the school verification information in the CalSAWS School Page.
    1. If the child is attending school and expected to graduate by age 18 submit the physical case to the ES for approval.
    2. If the child/youth is not attending school, child/youth does not qualify for the Kin-GAP program; the EW is to stop the Kin-GAP payment and close the Kin-GAP case when the child/youth turns 18 years old.
  6. Review the residence and mailing address indicated on the KG 2, CalSAWS and CWS/CMS application. If the Kin-GAP child resides in another county or state, determine if the correct “host” rate has been budgeted by the following:
    1. Access the CWS/CMS application and enter the correct payment, verify if the correct amount interfaces in CalSAWS within 24 hours and the Eligibility Determination and Budget Computation (EDBC) is run for the correct rate amount.
    2. Send an NOA of Rate Change to the LG, keeping a copy in the child/youth’s physical Kin-GAP case.
      1. If the caregiver has moved to another county/state, and they receive a Specialized Care Increment (SCI) rate, notify the KinShip Resource Unit as it will require an amended rate on the SOC 369A.
        • The EW shall validate the out of county/state rate by contacting the Child Welfare Agency in the placement county/state where the child/youth is placed for SCI rate and request the rate schedule, on letterhead. This may include either a letter from the social services agency or a preprinted document. This may be faxed to the EW of record. A copy of the documentation will be sent to the Kinship Resource Unit to assist with determining the new rate.

Child Welfare Services Referral is Received on a Kin-GAP Child

The Child Protection Hotline (CPH) or Emergency Response Command Post (ERCP) receives a referral for a Kin-GAP child. The disposition of the referral will depend on the child’s situation.

The CWS/CMS application business rule only allows one case to be open for the same child within the same time period.

Kin-GAP Approved EW Responsibilities

  1. Receive the DCFS 280 from the CSW who is completing the Voluntary Family Maintenance (VFM).
    • Child remains in the same Relative Guardian's home
    • CSW is put on as a secondary working for 180 days to provide services on the case.
    1. Set up a DCFS 26-1 to control for five (5) months.
    2. At the fifth (5th) month from the date of signature of the VFM Agreement, contact the CSW to determine whether it is the intention to detain the youth.
      1. If the intention is to detain the child/youth, the Service Component in CWS/CMS changes to Family Reunification (FR), the Kin-GAP episode is ended.
        • This may not exceed 180 days from the date the Voluntary Family Maintenance Agreement is signed.
      2. The Kin-GAP case will be closed and forwarded to case storage.
        • Prior to closing the Kin-GAP case, confirm the placement on CWS/CMS, if there is not a placement on record, contact the CSW to confirm that the child/youth was detained and that the Kin-GAP case is to be closed.
        • Advise the CSW that if the child is returned to the Legal Guardian’s home at a later date, and the Legal Guardianship is intact; in order to re-start Kin-GAP, it will require a new intake, and a new determination of eligibility.
          • If the petition is dismissed, it will not be necessary to initiate a new intake nor a new determination of eligibility.
        • The EW will keep the case for an additional 30 days, whereupon if a new intake has not been received. The Kin-GAP case will be closed and sent to case storage.
    3. If it is the intention of the CSW to return the child/youth to Kin-GAP once the VFM support services are ended, end date the CSW from CWS/CMS.
    4. Ensure to document the preference of the CSW and all actions taken in CWS/CMS case notes prior to terminating the Kin-GAP case.
      • Annotate the termination of the Kin-GAP case on the CalSAWS journal.
    5. Forward the case to the ES for review.

Kin-GAP Approved Eligibility Supervisor (ES) Responsibilities

  1. Receive the hard copy case and review for accuracy and completion.
    1. If the eligibility case is not accurate and/or complete, return it to the assigned EW.
    2. If the Kin-GAP case was completed accurately and it is to be closed, forward the physical case to the Unit Clerk to update the unit log with the closed case information.
    3. If Kin-GAP is to resume and the EW has completed the redetermination, the physical case will be returned to the assigned EW.
  2. Access CWS/CMS to verify the following:
    1. LG’s address
    2. Case Aid Code
    3. AFDC page completed by EW
    4. Payment Rate
    5. Care Provider Relationship to Child/Youth
    6. Birth Certificate under Special Project page
    7. Case Notes
  3. Access CalSAWS to verify the following:
    1. LG’S address
    2. Case Aid Code
    3. Redetermination Due Date
    4. Issuance Date
    5. Eligibility Determination and Budget Computation (EDBC) Date
    6. The Kin-GAP Summary Page
    7. The Rate Summary Page
    8. The Non Minor Dependent Page
    9. School Verification
    10. The Individual Demographic Page
    11. The Vital Statistics Page
    12. Household Status
    13. Payee’s Information
    14. Journal Completion
  4. Compare and contrast the information and documentation under CWS/CMS, CalSAWS and the physical case for accuracy.
  5. Sign the hard copy of the KG2, and case notes submitted by the EW on CWS/CMS.
  6. Document the redetermination completion and approval in the journal on CalSAWS and case notes on CWS/CMS.

Kin-GAP Redetermination Unit Clerk Responsibilities

  1. Receive the closed hard copy case.
  2. Update the unit controls as to the closure of the child’s Kin-GAP case.
  3. Follow the existing departmental procedures for sending the case to storage.

Record Retention

Program-required forms must be retained consistent with W&IC section 10851, section 23-353 of the Operations Manual of Policies and Procedures and section 31-075 of the Child Welfare Services Manual of Policies and Procedures.
APPROVALS
Eligibility Supervisor (ES)
HELPFUL LINKS

Attachments

Cobra Option/Reciprocity as of May 2012

Forms

CW 2.1, Notice and Agreement for Child, Spousal and Medical Support (version 8/04)

CW 2.1Q, Support Questionnaire (version 7/01)

CW 51, Child Support – Good Cause Claim for Noncooperation (version 12/10)

DCFS 26-1, Task Reminder

DCFS 230, Request for Birth Certificate

DCFS 280 - TA Action Request

DCFS 341, SSI/SSA Notification Letter

DCFS 489-2, Placement Termination of Foster Care

DCFS 853, Affidavit

DCFS 1726, Request for School Verification

DCFS 2322, Contact Letter

DCFS 2426, Two Way Gram

DCFS 5420, Verification of Relative Status

DCFS 5555, Information about Kinship Guardianship Assistance Payment (Kin-GAP)

FC 2, Statement of Facts Supporting Eligibility for Title IV-E Foster Care

FC 3, Determination of Title IV-E Foster Care Eligibility

FC 3A, AFDC-FC Worksheet

KG 1, Mutual Agreement for 18 Year Old

KG 2, Determination of Kin-GAP eligibility

NOA 290, Notice of Action

RFA 05, Resource Family Approval-Written Report

SOC 369, Agency-Relative Guardianship Disclosure

SOC 369A, Kinship Guardianship Assistance Payment (Kin-GAP) Program Agreement Amendment

PROB 667, Probation Placement Authorization Initial Placement Checklist for Kin-GAP
Any applicable county forms required to document the child’s eligibility for:
  • Specialized Care Increment (SCI)
  • Whole Foster Family Home Payment
  • Regional Center Rate
  • Clothing Allowance(s)
  • Other benefits which the child received.
REFERENCED POLICY GUIDES
E050-0510 Kinship Guardianship Assistance Payment (Kin-GAP) Program

(Pre-assessment and Initial Determination of Eligibility)

E050-0520 Extended Kinship Guardianship Assistance Payment (Kin-GAP) Program

E060-0550 Special Payments

E060-0570 Regional Center Rates for Dual Agency Children

E080-0580 Medi-Cal Benefits 0100-520.35, Kinship Guardianship Assistance Payment (Kin-GAP) Program
STATUTES AND OTHER MANDATES
Senate Bill 1901 (Chapter 1055, Statutes of 1998)

Assembly Bill (AB) 12, California Fostering Connections to Success Act

AB 212, California Fostering Connections to Success Act

AB 1544, Chapter 793, Statutes of 1998 resulting in All County Information Notice No. I18-99

AB 1111, Social Services

AB 1808, Human Services

AB 1982, Public Benefits

AB 2876, Health and Welfare Program

All County Letter (ACL) 00-09, Kinship Guardian Assistance Payment (Kin-GAP) Program

ACL 00-64, Aid To Families With Dependent Children-Foster Care (AFDC-FC) And Kinship Guardianship Assistance Payment (Kin-GAP) Programs Rates

ACL 00-70, Effect of Assembly Bill (AB) 2876 (Chapter 108, Statutes of 2000) on the Kinship Guardianship Assistance Payment (Kin-GAP) Program

ACL 01-64, Kinship Guardianship Assistance Payment Program (KIN-GAP) Questions and Answers

ACL 05-24, Aid To Families with Dependent Children-Foster Care (AFDC-FC) and Kinship Guardianship Assistance Payment (Kin-GAP) Program Rates

ACL 05-37, Assembly Bill (AB) 1449 (Chapter 463, Statutes Of 2001) Changes To Child Welfare And Eligibility Regulation Requirements Regarding Child Support Referrals

ACL 07-13, Kinship Guardianship Assistance Payment (KINGAP) Program Enhancements

ACL 09-45, Aid To Families With Dependent Children-Foster Care (AFDC-FC), Kinship Guardianship Assistance Payment Program And Adoption Assistance Program

ACL 11-15, New Kinship Guardianship Assistance Payment (Kin-GAP) Program Requirements

ACL 11-67, Case Plan and Kinship Guardianship Assistance Payment (Kin-GAP) Program

ACL 12-32, Eligibility Aid Code Information for the Implementation of the Extension of Foster Care Beyond Age 18

All County Information Notice (ACIN) I-40-11, Program Information Regarding Assembly Bill (AB) 12 and the Extension of Foster Care to Age 20
Authority cited: Welfare and Institutions Code 10553,
WIC 10554, State Department of Social Services

WIC 11360, Kinship Guardianship Assistance Payment Program

WIC 11361, Kinship Guardianship Assistance Payment Program

WIC 11362, Kinship Guardianship Assistance Payment Program

WIC 11363, Kinship Guardianship Assistance Payment Program

WIC 11364(a), Kinship Guardianship Assistance Payment Program

WIC 11366, Kinship Guardianship Assistance Payment Program

WIC 11367, Kinship Guardianship Assistance Payment Program

WIC 11369, Kinship Guardianship Assistance Payment Program

WIC 11385, Kinship Guardianship Assistance Payment Program

WIC 11465, Computation and Payment of Aid Grants

The following CalWORKs regulations shall apply to children receiving Kin-GAP benefits:
  1. The reception and application requirements of Sections 10-101 through 40-117 and 40-119 through 40-121, Sections 40-125.9 and 40-126 through 40-129, Sections 40-157 through 40-181.216, Sections 40-181.25 through 40-181.26, Sections 40-181.4 through 40-183, Sections 40-187 through 40-190 and Section 40-197.
  2. The age requirements of Section 42-100.
  3. Property requirements of section 42-200
  4. Residence requirement of Sections 42-400 through 42-424
  5. Citizenship, alienage and language fluency requirements of Sections 42-430 through 42-435
  6. Responsible Relative requirements of Sections 43-100 through 43-205
  7. Income requirements of Sections 44-100 through 44-133 and Section 44-207
  8. Aid Payment requirements of Sections 44-300 through 44-305, Sections 44-313; Sections 44-316 and 44-317, Sections 44-319 through 44-353
  9. Records requirements of Section 48-000
  10. Child Support Enforcement Program requirements of Sections 82-502 through 82-520
  11. Temporary Absence requirements of Section 82-812
  12. The Excluded Persons requirements of Section 82-832
  13. The Restricted Accounts requirements of Section 89-130
  14. Methods of Periodic Determination of Eligibility Section 40-157