11360. Effective on the date that the director executes a
declaration pursuant to Section 11217, the department shall establish
a state-funded Kinship Guardianship Assistance Payment Program as
specified in this article.
11361. The Legislature finds and declares that the continuation of
the state-funded Kinship Guardianship Assistance Payment Program is
intended to enhance family preservation and stability by recognizing
that some dependent children and wards of the juvenile court who are
not otherwise eligible under Subtitle IV-E (commencing with Section
470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.)
are in long-term, stable placements with relatives funded under the
CalWORKs program pursuant to Section 11450, that these placements are
the permanent plan for the child, that dependencies can be dismissed
pursuant to Section 366.3 with legal guardianship granted to the
relative, and that there is no need for continued governmental
intervention in the family life through ongoing, scheduled court and
social services supervision of the placement. Continuation of the
state-funded Kin-GAP Program is necessary to ensure that wards and
dependent children of the juvenile court whose placement in the home
of an approved relative is funded under the CalWORKs program are
equally eligible for the benefits derived from legal permanency with
the related guardian and that the state can maximize improvements to
federal permanency outcome measures by exiting nonfederally eligible
youth to the state's subsidized kinship guardianship program.
11362. For purposes of this article, the following definitions
shall apply:
(a) "Kinship Guardianship Assistance Payments (Kin-GAP)" means the
state-funded aid provided under the terms of this article on behalf
of children in kinship care who are not eligible for federally funded
Kin-GAP pursuant to Section 11385.
(b) "Kinship guardian" means a person who (1) has been appointed
the legal guardian of a dependent child pursuant to Section 360 or
366.26, or a ward of the juvenile court pursuant to subdivision (d)
of Section 728 and (2) is a relative of the child.
(c) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of those persons even if the marriage was terminated by
death or dissolution.
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403, who meets all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall 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 Section 388.
(c) A child or nonminor shall be eligible for Kin-GAP payments if
he or she meets one of the following age criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she meets the conditions of
Section 11403.
(4) He or she meets the conditions as described in subdivision
(d).
(d) Commencing January 1, 2012, state-funded Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 19 years of age if they attained 16 years of age before the
Kin-GAP aid payments commenced. Effective January 1, 2013, Kin-GAP
payments shall continue for youths who have attained 18 years of age
and who are under 20 years of age, if they reached 16 years of age
before the Kin-GAP negotiated payments commenced. Effective January
1, 2014, Kin-GAP payments shall continue for youths who have attained
18 years of age and are under 21 years of age, if they reached 16
years of age before the Kin-GAP negotiated payments commenced. To be
eligible for continued payments, the youth shall meet one or more of
the conditions specified in subdivision (b) of Section 11403.
Payments made to a nonminor pursuant to the conditions specified in
subdivision (b) of Section 11403 may be paid in whole or part to the
eligible youth directly, as specified in subdivision (d) of Section
11403.
(e) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP unless the conditions in Section
11403 apply; provided, however, that if an alternate guardian or
coguardian is appointed pursuant to Section 366.3 who is also a
kinship guardian, the alternate or coguardian shall be entitled to
receive Kin-GAP on behalf of the child pursuant to this article. A
new period of six months of placement with the alternate guardian or
coguardian shall not be required if that alternate guardian or
coguardian has been assessed pursuant to Sections 361.3 and 361.4 and
the court terminates dependency jurisdiction.
11364. (a) In order to receive payments under this article, the
county child welfare agency, probation department, or Indian tribe
that has entered into an agreement pursuant to Section 10553.1, shall
negotiate and enter into a written, binding, kinship guardianship
assistance agreement with the relative guardian of an eligible child,
and provide the relative guardian with a copy of the agreement.
(b) The agreement shall specify, at a minimum, all of the
following:
(1) The amount of and manner in which the kinship guardianship
assistance payment will be provided under the agreement, and the
manner in which the agreement may be adjusted periodically, but no
less frequently than every two years, in consultation with the
relative guardian, based on the circumstances of the relative
guardian and the needs of the child.
(2) Additional services and assistance for which the child and
relative guardian will be eligible under the agreement.
(3) A procedure by which the relative guardian may apply for
additional services, as needed, including the filing of a petition
under Section 388 to have dependency jurisdiction resumed pursuant to
subdivision (b) of Section 366.3.
(4) That the agreement shall remain in effect regardless of the
state of residency of the relative guardian.
(c) In accordance with the Kin-GAP agreement, the relative
guardian shall be paid an amount of aid based on the child's needs
otherwise covered in AFDC-FC payments and the circumstances of the
relative guardian, but that shall not exceed the foster care
maintenance payment that would have been paid based on the
age-related state-approved foster family home care rate and any
applicable specialized care increment for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. In addition, the rate paid for a child
eligible for a Kin-GAP payment shall include an amount equal to the
clothing allowance, as set forth in subdivision (f) of Section 11461,
including any applicable rate adjustments. For a child eligible for
a Kin-GAP payment who is a teen parent, the rate shall include the
two hundred dollar ($200) monthly payment made to the relative
caregiver in a whole family foster home pursuant to paragraph (3) of
subdivision (d) of Section 11465.
(d) The county child welfare agency, probation department, or
Indian tribe that entered into an agreement pursuant to Section
10553.1 shall provide the relative guardian with information, in
writing, on the availability of the Kin-GAP program with an
explanation of the difference between these benefits and Adoption
Assistance Program benefits and AFDC-FC benefits. The agency shall
also provide the relative guardian with information on the
availability of mental health services through the Medi-Cal program
or other programs.
(e) The Kin-GAP agreement shall also specify the responsibility of
the relative guardian for reporting changes in the needs of the
child or the circumstances of the relative guardian that affect
payment.
(f) The county child welfare agency, probation department, or
Indian tribe, as appropriate, shall assess the needs of the child and
the circumstances of the related guardian and is responsible for
determining that the child meets the eligibility criteria for
payment.
(g) 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.
11365. State-funded Kin-GAP benefits shall be paid to the kinship
guardian on a per child basis. If the conditions in Section 11403
apply, the payment in whole or in part may be paid to the eligible
nonminor directly, as specified in subdivision (d) of Section 11403.
11366. A child who is eligible to receive Medi-Cal benefits with no
share of cost shall maintain that eligibility notwithstanding the
receipt of state-funded Kin-GAP by his or her kinship guardian.
11367. The supplemental clothing allowance shall be paid pursuant
to paragraph (5) of subdivision (f) of Section 11461.
11369. (a) Notwithstanding the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the department may implement the
applicable provisions of the state-funded Kin-GAP Program through
all-county letters or similar instructions from the director.
(b) The director shall adopt regulations as otherwise necessary,
to implement the applicable provisions of the Kin-GAP Program.
Emergency regulations to implement the applicable provisions of this
act may be adopted by the director in accordance with the
Administrative Procedure Act. The initial adoption of the emergency
regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety or general welfare.
Initial emergency regulations and the first readoption of those
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
11370. The county welfare department or probation department or
Indian tribe, as appropriate, at the time of the Kin-GAP annual
redetermination, shall meet with the relative guardian and the
nonfederally eligible child and enter into a written agreement for
the state-funded Kin-GAP program as described in Section 11364. This
process shall continue for at least 12 calendar months or until all
state-funded Kin-GAP cases as of the effective date described have
been processed.
11371. Income to the child, including the state-funded Kin-GAP
payment, shall not be considered income to the kinship guardian for
purposes of determining the kinship guardian's eligibility for any
other aid program, unless required by federal law as a condition of
the receipt of federal financial participation.
11372. (a) Notwithstanding any other provision of law, the
state-funded Kinship Guardianship Assistance Payment Program
implemented under this article is exempt from the provisions of
Chapter 2 (commencing with Section 11200) of Part 3.
(b) A person who is a kinship guardian under this article, and who
has met the requirements of Section 361.4, shall be exempt from
Chapter 4.6 (commencing with Section 10830) of Part 2 governing the
statewide fingerprint imaging system. A guardian who is also an
applicant for or a recipient of benefits under the CalWORKs program,
Chapter 2 (commencing with Section 11200) of Part 3, or the Food
Stamp program, Chapter 10 (commencing with Section 18900) of Part 6
shall comply with the statewide fingerprint imaging system
requirements applicable to those programs.
(c) Any exemptions exercised pursuant to this section shall be
implemented in accordance with Section 11369.
11374. (a) Each county that formally had court ordered jurisdiction
under Section 300, 601, or 602 over a child receiving benefits under
the state-funded Kin-GAP program shall be responsible for paying the
child's aid regardless of where the child actually resides.
(b) Notwithstanding any other provision of law, when a child
receiving benefits under the CalWORKs program becomes eligible for
benefits under the state-funded Kin-GAP program during any month, the
child shall continue to receive benefits under the CalWORKs program,
as appropriate, to the end of that calendar month, and Kin-GAP
payments shall begin the first day of the following month.
11375. The following shall apply to any child or nonminor in
receipt of state-funded Kin-GAP benefits:
(a) He or she is eligible to request and receive independent
living services pursuant to Section 10609.3.
(b) He or she may retain cash savings, not to exceed ten thousand
dollars ($10,000), including interest, in addition to any other
property accumulated pursuant to Section 11257 or 11257.5.
(c) He or she shall have earned income disregarded pursuant to
Section 11008.15.
11376. A foster child who has become the subject of a legal
guardianship, who is receiving assistance under the Kin-GAP Program
under this article or under Article 4.7 (commencing with Section
11385), including Medi-Cal, and whose foster care court supervision
has been terminated, shall be provided medically necessary specialty
mental health services by the local mental health plan in the county
of residence of his or her legal guardian, pursuant to all of the
following:
(a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.
(b) The requesting public or private service provider shall
prepare the TAR.
(c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.
11378. (a) It is the intent of the Legislature to provide a
seamless and minimally intrusive process to allow an otherwise
federally eligible child who is receiving assistance payments under
this article to access the benefits of federally funded Kin-GAP
pursuant to Article 4.7 (commencing with Section 11385). The
transition to federally funded Kin-GAP shall be accomplished with
minimal disruption to the existing relative guardian and the child,
and with no break in the continuity of assistance payments.
(b) Effective on the date that the director executes the
declaration described in Section 11379, at the time of the annual
redetermination of the state-funded Kin-GAP benefits, the county
shall determine whether the child was receiving federal AFDC-FC
payments prior to receiving Kin-GAP, while a dependent child or ward
of the juvenile court. Those children determined to have previously
received AFDC-FC payments shall be reassigned to the county social
worker, who shall inform the relative guardian, and the child if over
12 years of age, of the benefits of transitioning to federal Kin-GAP
and the process for making the transition. The process described in
this subdivision shall continue for at least 12 calendar months, or
until all state-funded Kin-GAP cases as of the effective date
described in this subdivision have been processed.
(c) Upon completion of the negotiated Kin-GAP agreement and
confirmation that the child satisfies the conditions for federal
financial participation, the child shall be eligible for federally
funded Kin-GAP pursuant to Article 4.7 (commencing with Section
11385).
(d) The county shall terminate the state-funded Kin-GAP payment
made pursuant to the former Article 4.5 (commencing with Section
11360), and with no break in the continuity of aid, shall commence
payments under the federal Kin-GAP program pursuant to Article 4.7
(commencing with Section 11385).
11379. This article shall become operative on the date that the
Director of Social Services executes the declaration required
pursuant to Section 11217, stating that increased federal financial
participation from the Emergency Contingency Fund for State Temporary
Assistance for Needy Families (TANF) Programs is no longer available
pursuant to the federal American Recovery and Reinvestment Act of
2009 (ARRA) (Public Law 111-5) or subsequent federal legislation,
including an amendment to the ARRA, that maintains or extends
increased federal financial participation.
11360. Effective on the date that the director executes a
declaration pursuant to Section 11217, the department shall establish
a state-funded Kinship Guardianship Assistance Payment Program as
specified in this article.
11361. The Legislature finds and declares that the continuation of
the state-funded Kinship Guardianship Assistance Payment Program is
intended to enhance family preservation and stability by recognizing
that some dependent children and wards of the juvenile court who are
not otherwise eligible under Subtitle IV-E (commencing with Section
470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.)
are in long-term, stable placements with relatives funded under the
CalWORKs program pursuant to Section 11450, that these placements are
the permanent plan for the child, that dependencies can be dismissed
pursuant to Section 366.3 with legal guardianship granted to the
relative, and that there is no need for continued governmental
intervention in the family life through ongoing, scheduled court and
social services supervision of the placement. Continuation of the
state-funded Kin-GAP Program is necessary to ensure that wards and
dependent children of the juvenile court whose placement in the home
of an approved relative is funded under the CalWORKs program are
equally eligible for the benefits derived from legal permanency with
the related guardian and that the state can maximize improvements to
federal permanency outcome measures by exiting nonfederally eligible
youth to the state's subsidized kinship guardianship program.
11362. For purposes of this article, the following definitions
shall apply:
(a) "Kinship Guardianship Assistance Payments (Kin-GAP)" means the
state-funded aid provided under the terms of this article on behalf
of children in kinship care who are not eligible for federally funded
Kin-GAP pursuant to Section 11385.
(b) "Kinship guardian" means a person who (1) has been appointed
the legal guardian of a dependent child pursuant to Section 360 or
366.26, or a ward of the juvenile court pursuant to subdivision (d)
of Section 728 and (2) is a relative of the child.
(c) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of those persons even if the marriage was terminated by
death or dissolution.
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403, who meets all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall 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 Section 388.
(c) A child or nonminor shall be eligible for Kin-GAP payments if
he or she meets one of the following age criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she meets the conditions of
Section 11403.
(4) He or she meets the conditions as described in subdivision
(d).
(d) Commencing January 1, 2012, state-funded Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 19 years of age if they attained 16 years of age before the
Kin-GAP aid payments commenced. Effective January 1, 2013, Kin-GAP
payments shall continue for youths who have attained 18 years of age
and who are under 20 years of age, if they reached 16 years of age
before the Kin-GAP negotiated payments commenced. Effective January
1, 2014, Kin-GAP payments shall continue for youths who have attained
18 years of age and are under 21 years of age, if they reached 16
years of age before the Kin-GAP negotiated payments commenced. To be
eligible for continued payments, the youth shall meet one or more of
the conditions specified in subdivision (b) of Section 11403.
Payments made to a nonminor pursuant to the conditions specified in
subdivision (b) of Section 11403 may be paid in whole or part to the
eligible youth directly, as specified in subdivision (d) of Section
11403.
(e) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP unless the conditions in Section
11403 apply; provided, however, that if an alternate guardian or
coguardian is appointed pursuant to Section 366.3 who is also a
kinship guardian, the alternate or coguardian shall be entitled to
receive Kin-GAP on behalf of the child pursuant to this article. A
new period of six months of placement with the alternate guardian or
coguardian shall not be required if that alternate guardian or
coguardian has been assessed pursuant to Sections 361.3 and 361.4 and
the court terminates dependency jurisdiction.
11364. (a) In order to receive payments under this article, the
county child welfare agency, probation department, or Indian tribe
that has entered into an agreement pursuant to Section 10553.1, shall
negotiate and enter into a written, binding, kinship guardianship
assistance agreement with the relative guardian of an eligible child,
and provide the relative guardian with a copy of the agreement.
(b) The agreement shall specify, at a minimum, all of the
following:
(1) The amount of and manner in which the kinship guardianship
assistance payment will be provided under the agreement, and the
manner in which the agreement may be adjusted periodically, but no
less frequently than every two years, in consultation with the
relative guardian, based on the circumstances of the relative
guardian and the needs of the child.
(2) Additional services and assistance for which the child and
relative guardian will be eligible under the agreement.
(3) A procedure by which the relative guardian may apply for
additional services, as needed, including the filing of a petition
under Section 388 to have dependency jurisdiction resumed pursuant to
subdivision (b) of Section 366.3.
(4) That the agreement shall remain in effect regardless of the
state of residency of the relative guardian.
(c) In accordance with the Kin-GAP agreement, the relative
guardian shall be paid an amount of aid based on the child's needs
otherwise covered in AFDC-FC payments and the circumstances of the
relative guardian, but that shall not exceed the foster care
maintenance payment that would have been paid based on the
age-related state-approved foster family home care rate and any
applicable specialized care increment for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. In addition, the rate paid for a child
eligible for a Kin-GAP payment shall include an amount equal to the
clothing allowance, as set forth in subdivision (f) of Section 11461,
including any applicable rate adjustments. For a child eligible for
a Kin-GAP payment who is a teen parent, the rate shall include the
two hundred dollar ($200) monthly payment made to the relative
caregiver in a whole family foster home pursuant to paragraph (3) of
subdivision (d) of Section 11465.
(d) The county child welfare agency, probation department, or
Indian tribe that entered into an agreement pursuant to Section
10553.1 shall provide the relative guardian with information, in
writing, on the availability of the Kin-GAP program with an
explanation of the difference between these benefits and Adoption
Assistance Program benefits and AFDC-FC benefits. The agency shall
also provide the relative guardian with information on the
availability of mental health services through the Medi-Cal program
or other programs.
(e) The Kin-GAP agreement shall also specify the responsibility of
the relative guardian for reporting changes in the needs of the
child or the circumstances of the relative guardian that affect
payment.
(f) The county child welfare agency, probation department, or
Indian tribe, as appropriate, shall assess the needs of the child and
the circumstances of the related guardian and is responsible for
determining that the child meets the eligibility criteria for
payment.
(g) 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.
11365. State-funded Kin-GAP benefits shall be paid to the kinship
guardian on a per child basis. If the conditions in Section 11403
apply, the payment in whole or in part may be paid to the eligible
nonminor directly, as specified in subdivision (d) of Section 11403.
11366. A child who is eligible to receive Medi-Cal benefits with no
share of cost shall maintain that eligibility notwithstanding the
receipt of state-funded Kin-GAP by his or her kinship guardian.
11367. The supplemental clothing allowance shall be paid pursuant
to paragraph (5) of subdivision (f) of Section 11461.
11369. (a) Notwithstanding the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the department may implement the
applicable provisions of the state-funded Kin-GAP Program through
all-county letters or similar instructions from the director.
(b) The director shall adopt regulations as otherwise necessary,
to implement the applicable provisions of the Kin-GAP Program.
Emergency regulations to implement the applicable provisions of this
act may be adopted by the director in accordance with the
Administrative Procedure Act. The initial adoption of the emergency
regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety or general welfare.
Initial emergency regulations and the first readoption of those
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
11370. The county welfare department or probation department or
Indian tribe, as appropriate, at the time of the Kin-GAP annual
redetermination, shall meet with the relative guardian and the
nonfederally eligible child and enter into a written agreement for
the state-funded Kin-GAP program as described in Section 11364. This
process shall continue for at least 12 calendar months or until all
state-funded Kin-GAP cases as of the effective date described have
been processed.
11371. Income to the child, including the state-funded Kin-GAP
payment, shall not be considered income to the kinship guardian for
purposes of determining the kinship guardian's eligibility for any
other aid program, unless required by federal law as a condition of
the receipt of federal financial participation.
11372. (a) Notwithstanding any other provision of law, the
state-funded Kinship Guardianship Assistance Payment Program
implemented under this article is exempt from the provisions of
Chapter 2 (commencing with Section 11200) of Part 3.
(b) A person who is a kinship guardian under this article, and who
has met the requirements of Section 361.4, shall be exempt from
Chapter 4.6 (commencing with Section 10830) of Part 2 governing the
statewide fingerprint imaging system. A guardian who is also an
applicant for or a recipient of benefits under the CalWORKs program,
Chapter 2 (commencing with Section 11200) of Part 3, or the Food
Stamp program, Chapter 10 (commencing with Section 18900) of Part 6
shall comply with the statewide fingerprint imaging system
requirements applicable to those programs.
(c) Any exemptions exercised pursuant to this section shall be
implemented in accordance with Section 11369.
11374. (a) Each county that formally had court ordered jurisdiction
under Section 300, 601, or 602 over a child receiving benefits under
the state-funded Kin-GAP program shall be responsible for paying the
child's aid regardless of where the child actually resides.
(b) Notwithstanding any other provision of law, when a child
receiving benefits under the CalWORKs program becomes eligible for
benefits under the state-funded Kin-GAP program during any month, the
child shall continue to receive benefits under the CalWORKs program,
as appropriate, to the end of that calendar month, and Kin-GAP
payments shall begin the first day of the following month.
11375. The following shall apply to any child or nonminor in
receipt of state-funded Kin-GAP benefits:
(a) He or she is eligible to request and receive independent
living services pursuant to Section 10609.3.
(b) He or she may retain cash savings, not to exceed ten thousand
dollars ($10,000), including interest, in addition to any other
property accumulated pursuant to Section 11257 or 11257.5.
(c) He or she shall have earned income disregarded pursuant to
Section 11008.15.
11376. A foster child who has become the subject of a legal
guardianship, who is receiving assistance under the Kin-GAP Program
under this article or under Article 4.7 (commencing with Section
11385), including Medi-Cal, and whose foster care court supervision
has been terminated, shall be provided medically necessary specialty
mental health services by the local mental health plan in the county
of residence of his or her legal guardian, pursuant to all of the
following:
(a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.
(b) The requesting public or private service provider shall
prepare the TAR.
(c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.
11378. (a) It is the intent of the Legislature to provide a
seamless and minimally intrusive process to allow an otherwise
federally eligible child who is receiving assistance payments under
this article to access the benefits of federally funded Kin-GAP
pursuant to Article 4.7 (commencing with Section 11385). The
transition to federally funded Kin-GAP shall be accomplished with
minimal disruption to the existing relative guardian and the child,
and with no break in the continuity of assistance payments.
(b) Effective on the date that the director executes the
declaration described in Section 11379, at the time of the annual
redetermination of the state-funded Kin-GAP benefits, the county
shall determine whether the child was receiving federal AFDC-FC
payments prior to receiving Kin-GAP, while a dependent child or ward
of the juvenile court. Those children determined to have previously
received AFDC-FC payments shall be reassigned to the county social
worker, who shall inform the relative guardian, and the child if over
12 years of age, of the benefits of transitioning to federal Kin-GAP
and the process for making the transition. The process described in
this subdivision shall continue for at least 12 calendar months, or
until all state-funded Kin-GAP cases as of the effective date
described in this subdivision have been processed.
(c) Upon completion of the negotiated Kin-GAP agreement and
confirmation that the child satisfies the conditions for federal
financial participation, the child shall be eligible for federally
funded Kin-GAP pursuant to Article 4.7 (commencing with Section
11385).
(d) The county shall terminate the state-funded Kin-GAP payment
made pursuant to the former Article 4.5 (commencing with Section
11360), and with no break in the continuity of aid, shall commence
payments under the federal Kin-GAP program pursuant to Article 4.7
(commencing with Section 11385).
11379. This article shall become operative on the date that the
Director of Social Services executes the declaration required
pursuant to Section 11217, stating that increased federal financial
participation from the Emergency Contingency Fund for State Temporary
Assistance for Needy Families (TANF) Programs is no longer available
pursuant to the federal American Recovery and Reinvestment Act of
2009 (ARRA) (Public Law 111-5) or subsequent federal legislation,
including an amendment to the ARRA, that maintains or extends
increased federal financial participation.
11360. Effective on the date that the director executes a
declaration pursuant to Section 11217, the department shall establish
a state-funded Kinship Guardianship Assistance Payment Program as
specified in this article.
11361. The Legislature finds and declares that the continuation of
the state-funded Kinship Guardianship Assistance Payment Program is
intended to enhance family preservation and stability by recognizing
that some dependent children and wards of the juvenile court who are
not otherwise eligible under Subtitle IV-E (commencing with Section
470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.)
are in long-term, stable placements with relatives funded under the
CalWORKs program pursuant to Section 11450, that these placements are
the permanent plan for the child, that dependencies can be dismissed
pursuant to Section 366.3 with legal guardianship granted to the
relative, and that there is no need for continued governmental
intervention in the family life through ongoing, scheduled court and
social services supervision of the placement. Continuation of the
state-funded Kin-GAP Program is necessary to ensure that wards and
dependent children of the juvenile court whose placement in the home
of an approved relative is funded under the CalWORKs program are
equally eligible for the benefits derived from legal permanency with
the related guardian and that the state can maximize improvements to
federal permanency outcome measures by exiting nonfederally eligible
youth to the state's subsidized kinship guardianship program.
11362. For purposes of this article, the following definitions
shall apply:
(a) "Kinship Guardianship Assistance Payments (Kin-GAP)" means the
state-funded aid provided under the terms of this article on behalf
of children in kinship care who are not eligible for federally funded
Kin-GAP pursuant to Section 11385.
(b) "Kinship guardian" means a person who (1) has been appointed
the legal guardian of a dependent child pursuant to Section 360 or
366.26, or a ward of the juvenile court pursuant to subdivision (d)
of Section 728 and (2) is a relative of the child.
(c) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of those persons even if the marriage was terminated by
death or dissolution.
11363. (a) Aid in the form of state-funded Kin-GAP shall be
provided under this article on behalf of any child under 18 years of
age and to any eligible youth under 19 years of age as provided in
Section 11403, who meets all of the following conditions:
(1) Has been adjudged a dependent child of the juvenile court
pursuant to Section 300, or, effective October 1, 2006, a ward of the
juvenile court pursuant to Section 601 or 602.
(2) Has been residing for at least six consecutive months in the
approved home of the prospective relative guardian while under the
jurisdiction of the juvenile court or a voluntary placement
agreement.
(3) Has had a kinship guardianship established pursuant to Section
360 or 366.26.
(4) Has had his or her dependency jurisdiction terminated after
January 1, 2000, pursuant to Section 366.3, or his or her wardship
terminated pursuant to subdivision (e) of Section 728, concurrently
or subsequently to the establishment of the kinship guardianship.
(b) If the conditions specified in subdivision (a) are met and,
subsequent to the termination of dependency jurisdiction, any parent
or person having an interest files with the juvenile court a petition
pursuant to Section 388 to change, modify, or set aside an order of
the court, Kin-GAP payments shall 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 Section 388.
(c) A child or nonminor shall be eligible for Kin-GAP payments if
he or she meets one of the following age criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a physical or
mental disability that warrants the continuation of assistance.
(3) Through December 31, 2011, he or she meets the conditions of
Section 11403.
(4) He or she meets the conditions as described in subdivision
(d).
(d) Commencing January 1, 2012, state-funded Kin-GAP payments
shall continue for youths who have attained 18 years of age and are
under 19 years of age if they attained 16 years of age before the
Kin-GAP aid payments commenced. Effective January 1, 2013, Kin-GAP
payments shall continue for youths who have attained 18 years of age
and who are under 20 years of age, if they reached 16 years of age
before the Kin-GAP negotiated payments commenced. Effective January
1, 2014, Kin-GAP payments shall continue for youths who have attained
18 years of age and are under 21 years of age, if they reached 16
years of age before the Kin-GAP negotiated payments commenced. To be
eligible for continued payments, the youth shall meet one or more of
the conditions specified in subdivision (b) of Section 11403.
Payments made to a nonminor pursuant to the conditions specified in
subdivision (b) of Section 11403 may be paid in whole or part to the
eligible youth directly, as specified in subdivision (d) of Section
11403.
(e) Termination of the guardianship with a kinship guardian shall
terminate eligibility for Kin-GAP unless the conditions in Section
11403 apply; provided, however, that if an alternate guardian or
coguardian is appointed pursuant to Section 366.3 who is also a
kinship guardian, the alternate or coguardian shall be entitled to
receive Kin-GAP on behalf of the child pursuant to this article. A
new period of six months of placement with the alternate guardian or
coguardian shall not be required if that alternate guardian or
coguardian has been assessed pursuant to Sections 361.3 and 361.4 and
the court terminates dependency jurisdiction.
11364. (a) In order to receive payments under this article, the
county child welfare agency, probation department, or Indian tribe
that has entered into an agreement pursuant to Section 10553.1, shall
negotiate and enter into a written, binding, kinship guardianship
assistance agreement with the relative guardian of an eligible child,
and provide the relative guardian with a copy of the agreement.
(b) The agreement shall specify, at a minimum, all of the
following:
(1) The amount of and manner in which the kinship guardianship
assistance payment will be provided under the agreement, and the
manner in which the agreement may be adjusted periodically, but no
less frequently than every two years, in consultation with the
relative guardian, based on the circumstances of the relative
guardian and the needs of the child.
(2) Additional services and assistance for which the child and
relative guardian will be eligible under the agreement.
(3) A procedure by which the relative guardian may apply for
additional services, as needed, including the filing of a petition
under Section 388 to have dependency jurisdiction resumed pursuant to
subdivision (b) of Section 366.3.
(4) That the agreement shall remain in effect regardless of the
state of residency of the relative guardian.
(c) In accordance with the Kin-GAP agreement, the relative
guardian shall be paid an amount of aid based on the child's needs
otherwise covered in AFDC-FC payments and the circumstances of the
relative guardian, but that shall not exceed the foster care
maintenance payment that would have been paid based on the
age-related state-approved foster family home care rate and any
applicable specialized care increment for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461. In addition, the rate paid for a child
eligible for a Kin-GAP payment shall include an amount equal to the
clothing allowance, as set forth in subdivision (f) of Section 11461,
including any applicable rate adjustments. For a child eligible for
a Kin-GAP payment who is a teen parent, the rate shall include the
two hundred dollar ($200) monthly payment made to the relative
caregiver in a whole family foster home pursuant to paragraph (3) of
subdivision (d) of Section 11465.
(d) The county child welfare agency, probation department, or
Indian tribe that entered into an agreement pursuant to Section
10553.1 shall provide the relative guardian with information, in
writing, on the availability of the Kin-GAP program with an
explanation of the difference between these benefits and Adoption
Assistance Program benefits and AFDC-FC benefits. The agency shall
also provide the relative guardian with information on the
availability of mental health services through the Medi-Cal program
or other programs.
(e) The Kin-GAP agreement shall also specify the responsibility of
the relative guardian for reporting changes in the needs of the
child or the circumstances of the relative guardian that affect
payment.
(f) The county child welfare agency, probation department, or
Indian tribe, as appropriate, shall assess the needs of the child and
the circumstances of the related guardian and is responsible for
determining that the child meets the eligibility criteria for
payment.
(g) 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.
11365. State-funded Kin-GAP benefits shall be paid to the kinship
guardian on a per child basis. If the conditions in Section 11403
apply, the payment in whole or in part may be paid to the eligible
nonminor directly, as specified in subdivision (d) of Section 11403.
11366. A child who is eligible to receive Medi-Cal benefits with no
share of cost shall maintain that eligibility notwithstanding the
receipt of state-funded Kin-GAP by his or her kinship guardian.
11367. The supplemental clothing allowance shall be paid pursuant
to paragraph (5) of subdivision (f) of Section 11461.
11369. (a) Notwithstanding the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the department may implement the
applicable provisions of the state-funded Kin-GAP Program through
all-county letters or similar instructions from the director.
(b) The director shall adopt regulations as otherwise necessary,
to implement the applicable provisions of the Kin-GAP Program.
Emergency regulations to implement the applicable provisions of this
act may be adopted by the director in accordance with the
Administrative Procedure Act. The initial adoption of the emergency
regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety or general welfare.
Initial emergency regulations and the first readoption of those
emergency regulations shall be exempt from review by the Office of
Administrative Law. The emergency regulations authorized by this
section shall be submitted to the Office of Administrative Law for
filing with the Secretary of State and shall remain in effect for no
more than 180 days.
11370. The county welfare department or probation department or
Indian tribe, as appropriate, at the time of the Kin-GAP annual
redetermination, shall meet with the relative guardian and the
nonfederally eligible child and enter into a written agreement for
the state-funded Kin-GAP program as described in Section 11364. This
process shall continue for at least 12 calendar months or until all
state-funded Kin-GAP cases as of the effective date described have
been processed.
11371. Income to the child, including the state-funded Kin-GAP
payment, shall not be considered income to the kinship guardian for
purposes of determining the kinship guardian's eligibility for any
other aid program, unless required by federal law as a condition of
the receipt of federal financial participation.
11372. (a) Notwithstanding any other provision of law, the
state-funded Kinship Guardianship Assistance Payment Program
implemented under this article is exempt from the provisions of
Chapter 2 (commencing with Section 11200) of Part 3.
(b) A person who is a kinship guardian under this article, and who
has met the requirements of Section 361.4, shall be exempt from
Chapter 4.6 (commencing with Section 10830) of Part 2 governing the
statewide fingerprint imaging system. A guardian who is also an
applicant for or a recipient of benefits under the CalWORKs program,
Chapter 2 (commencing with Section 11200) of Part 3, or the Food
Stamp program, Chapter 10 (commencing with Section 18900) of Part 6
shall comply with the statewide fingerprint imaging system
requirements applicable to those programs.
(c) Any exemptions exercised pursuant to this section shall be
implemented in accordance with Section 11369.
11374. (a) Each county that formally had court ordered jurisdiction
under Section 300, 601, or 602 over a child receiving benefits under
the state-funded Kin-GAP program shall be responsible for paying the
child's aid regardless of where the child actually resides.
(b) Notwithstanding any other provision of law, when a child
receiving benefits under the CalWORKs program becomes eligible for
benefits under the state-funded Kin-GAP program during any month, the
child shall continue to receive benefits under the CalWORKs program,
as appropriate, to the end of that calendar month, and Kin-GAP
payments shall begin the first day of the following month.
11375. The following shall apply to any child or nonminor in
receipt of state-funded Kin-GAP benefits:
(a) He or she is eligible to request and receive independent
living services pursuant to Section 10609.3.
(b) He or she may retain cash savings, not to exceed ten thousand
dollars ($10,000), including interest, in addition to any other
property accumulated pursuant to Section 11257 or 11257.5.
(c) He or she shall have earned income disregarded pursuant to
Section 11008.15.
11376. A foster child who has become the subject of a legal
guardianship, who is receiving assistance under the Kin-GAP Program
under this article or under Article 4.7 (commencing with Section
11385), including Medi-Cal, and whose foster care court supervision
has been terminated, shall be provided medically necessary specialty
mental health services by the local mental health plan in the county
of residence of his or her legal guardian, pursuant to all of the
following:
(a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.
(b) The requesting public or private service provider shall
prepare the TAR.
(c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.
11378. (a) It is the intent of the Legislature to provide a
seamless and minimally intrusive process to allow an otherwise
federally eligible child who is receiving assistance payments under
this article to access the benefits of federally funded Kin-GAP
pursuant to Article 4.7 (commencing with Section 11385). The
transition to federally funded Kin-GAP shall be accomplished with
minimal disruption to the existing relative guardian and the child,
and with no break in the continuity of assistance payments.
(b) Effective on the date that the director executes the
declaration described in Section 11379, at the time of the annual
redetermination of the state-funded Kin-GAP benefits, the county
shall determine whether the child was receiving federal AFDC-FC
payments prior to receiving Kin-GAP, while a dependent child or ward
of the juvenile court. Those children determined to have previously
received AFDC-FC payments shall be reassigned to the county social
worker, who shall inform the relative guardian, and the child if over
12 years of age, of the benefits of transitioning to federal Kin-GAP
and the process for making the transition. The process described in
this subdivision shall continue for at least 12 calendar months, or
until all state-funded Kin-GAP cases as of the effective date
described in this subdivision have been processed.
(c) Upon completion of the negotiated Kin-GAP agreement and
confirmation that the child satisfies the conditions for federal
financial participation, the child shall be eligible for federally
funded Kin-GAP pursuant to Article 4.7 (commencing with Section
11385).
(d) The county shall terminate the state-funded Kin-GAP payment
made pursuant to the former Article 4.5 (commencing with Section
11360), and with no break in the continuity of aid, shall commence
payments under the federal Kin-GAP program pursuant to Article 4.7
(commencing with Section 11385).
11379. This article shall become operative on the date that the
Director of Social Services executes the declaration required
pursuant to Section 11217, stating that increased federal financial
participation from the Emergency Contingency Fund for State Temporary
Assistance for Needy Families (TANF) Programs is no longer available
pursuant to the federal American Recovery and Reinvestment Act of
2009 (ARRA) (Public Law 111-5) or subsequent federal legislation,
including an amendment to the ARRA, that maintains or extends
increased federal financial participation.
