Tag Archives: Kinship Guardianship Assistance Program

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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Eligible placements for AB 2464 re-entries

Q: I’m working with an 18 year old in guardianship who is no longer being provided support by their guardian, and is without a place to live. She has asked if she can access a Supervised Independent Living Placement (SILP).

Is there a way for this youth to re-enter foster care and access a SILP, and will she be eligible to receive her foster care payment directly as her own payee?

A: If this youth’s guardian is no longer providing ongoing support to her and she successfully re-enters Extended Foster Care through the process established by Assembly Bill 2454 (more information about this process in a previous Q of the W), then she would be eligible for the placement options available to non-minor dependents, including the Supervised Independent Living Placement (SILP).

To access a SILP, she would have to pass a SILP Readiness Assessment and her housing would have to pass a Health & Safety Inspection. Youth placed in SILPs are eligible to receive their foster care payment directly.

Citation: Assembly Bill 2454 (2014), All County Information Notice I-17-15 (October 20, 2015), All County Letter 11-69 (October 13, 2011), All County Letter 11-77 (November 18, 2011)

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Can non-minors in guardianships be placed in a SILP or THP+FC?

Q: I work for Child Protective Services and would like to know whether youth in Non-Related Legal Guardianships (NRLG) are eligible for placement in a Supervised Independent Living Placement (SILP) or in a transitional housing placement (THP+FC).

Also, is there a certain age these youth had to have gone into the guardianship to be eligible for extended benefits?

A: Youth in guardianships, including Non-Related Legal Guardianship (NRLG) are not eligible for Extended Foster Care, and so they cannot be placed in foster care placements such as a SILP or THP+FC.

Some youth in guardianships are eligible for extended Kinship Guardianship Assistance Program (Kin-GAP) benefits:

  • Youth in NRLG established in dependency court are eligible for extended Kin-GAP to age 21, regardless of the age the guardianship was established.[1]
  • Youth in NRLG established by the probate court are only eligible for extended Kin-GAP as follows: If they are still in high school when they turn 18, they can remain receiving benefits until they graduate high school or turn 19, whichever comes first. “This is called the high school completion rule”.[2]
  • Youth in kin guardianships are eligible for extended Kin-GAP to age 21 if the guardianship was established after the youth turned 16[3] (with the exception of the condition stated in the next bulletin). If the guardianship was established prior to turning 16, they are only eligible for extended benefits under the terms of the high school completion rule stated in the previous bullet.[4]
  • Youth in kin guardianships who have a physical or mental disability, the Kin-GAP benefits can be extended to age 21 regardless of the age the guardianship was established.[5]

Citation:

[1] Welfare & Institutions Code § 11400(2)(aa)
[2] All County Letter 11‐69
[3] Welfare & Institutions Code §§ 11363(d), 11386(h); All County Letter 11‐86; Senate Bill 1013
[4] Welfare & Institutions Code § 11363(c)(3), 11386(g)(3); All County Letter 11‐15; All County Letter 11‐86
[5] Welfare & Institutions Code §§ 11363(c)(2), 11386(g)(2)

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