Tag Archives: AAP

Has CCR changed AB 12 eligibility?

Q: I am a CASA with a youth who is facing some decisions regarding her permanency plan. I understand there have been recent changes related to Continuum of Care Reform, impacting foster care placement. My question is, has CCR changed AB 12 eligibility at all — particularly in regards to the age of establishing guardianship and eligibility for extended Kin-GAP payments?

A: No. AB 12 eligibility has not changed as a result of Continuum of Care Reform (CCR). AB 12 eligibility, including eligibility for Extended Foster Care, extended Kinship Guardianship Assistance Program (Kin-GAP) payments, and extended Adoptions Assistance Program (AAP) payments remains as follows:

Extended Foster Care:

There are four basic eligibility requirements for a youth to continue to receive support after the age of 18. The youth must:

  • have an order for foster care placement on his/her 18th birthday;[i]
  • continue under the jurisdiction of the juvenile court as a dependent, under transitional jurisdiction, or as a ward;[ii]
  • meet one of the five participation conditions*;[iii] and
  • agree to live in a supervised placement that is licensed or approved.[iv]

The youth must also sign a mutual agreement (although not a condition of payment)[v], meet with his/her social worker or probation officer monthly[vi], and participate in six-month court review hearings.[vii]

Extended Kin-GAP:

  • Youth, regardless of age of entry into Kin-GAP, may continue to receive Kin-GAP up until age 21 if he or she has a physical or mental disability that warrants continuing assistance beyond age 18 and up until 21.[viii]
  • Youth who began to receive the negotiated Kin-GAP payment after they turn 16 are eligible for extended Kin-GAP benefits to age 21, as long as the youth meets one of the participation conditions* and signs a mutual agreement.[ix]
  • Youth who began to receive the negotiated Kin-GAP payment before they turn 16 are eligible for extended Kin-GAP beyond age 18 if they have not yet graduated high school, but are expected to complete high school or an equivalent program before they turn 19. In this case, they can continue to receive Kin-GAP until they graduate or turn 19, whichever happens first.[x] There is one exception to this rule: Youth in a guardianship with a non-related extended family member (see next bullet).
  • Regardless of the age of entry into Kin-GAP, youth in a guardianship with a non-related extended family member (NREFM) are eligible for extended AFDC-FC benefits as a non-related guardian when they turn 18 and up until age 21, as long as the youth meets one of the participation conditions* and signs a mutual agreement.[xi]

Extended AAP:

  • A youth, regardless of age of entry into the Adoptions Assistance Program (AAP), may continue to receive AAP up until age 21 if he or she has a physical or mental disability that warrants continuing assistance beyond age 18 and up until 21.
  • Youth who do not have a physical or mental disability and who began to receive the negotiated AAP payment before turning 16 will receive AAP until age 18.
  • Youth who began to receive the negotiated AAP payment after turning 16 may be eligible for extended AAP benefits beyond age 18, and up until 21, as long as the youth meets one of the participations conditions*. There is no mutual agreement requirement for youth to receive AAP after age 18. [xii]

*The “five participation conditions” referenced above are as follows:

1) The nonminor is completing secondary education or a program leading to an equivalent credential.

2) The nonminor is enrolled in an institution which provides postsecondary or vocational education.

3) The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.

4) The nonminor is employed for at least 80 hours per month.

5) The nonminor is incapable of doing any of the activities described above due to a medical condition.[xiii]

Citations:

[i] Welf. & Inst. Code § 11400(v)

[ii] Welf. & Inst. Code § 11400(v)

[iii] Welf. & Inst. Code § 11403(b)

[iv] Welf. & Inst. Code § 11402

[v] Welf. & Inst. Code §§ 303(d), 11400(u); All County Letter 11‐61

[vi] 42 U.S.C. § 622(b)(17); ACYF-CB-PI-10-11 (p. 11)

[vii] Welf. & Inst. Code §366.3(m)

[viii] Welf. & Inst. Code §§ 11363(c)(2), 11386(g)(2)

[ix] Welf. & Inst. Code §§ 11363(d), 11386(h); All County Letter 11‐86; Senate Bill §1013

[x] Welf. & Inst. Code § 11363(c)(3), 11386(g)(3); All County Letter 11‐15; All County Letter 11‐86

[xi] Welf. & Inst. Code §§ 11391(c), 11405(e)(2)

[xii] Welf. & Inst. Code §§ 16120(d); 16123

[xiii] Welf. & Inst. § 11403(b)

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