Guardianship with Kinship Guardianship Assistance Program (KinGap)
KinGap Permanency Options at a Glance:
- Must first rule out adoption and return to parent
- KinGap payments are available
- Must be in foster care withe the same caregiver for six months first
- must complete certain requirements
- must show a permanent commitment to support the child through ages 18-21
- No child welfare or court involvement
- Parents Martina rights, can visit, and could petition the court to return the child sinless their rights are later terminated.
Further Information on KinGap Permanency Options
Guardianship is a permanent commitment to be responsible for and support the child until he or she reaches adulthood. In some cases, with the youth’s consent, guardianship may continue until the youth is 21. Some relatives may be eligible to apply for the Kinship Guardianship Assistance Program (KinGAP) and receive a KinGAP payment and other benefits to support the guardianship. Some details are listed below.
In this option, the relative must already be an approved or certified foster parent (Option C) for the child for at least the past six months. In addition, the first permanency hearing must have occurred and if the child came into foster care due to abuse or neglect, the fact-finding hearing must have been completed. There are other requirements that must also be met, including that a return home and adoption must be ruled out. For more information, see the publication Know Your Permanency Options: The Kinship Guardianship Assistance Program(KinGAP).
Relatives can apply for KinGAP if they meet the basic requirements listed on page 6 in number two. Upon receipt of an application, the child welfare agency will assess and make an eligibility determination. If approved, the relative and child welfare agency complete and sign a Kinship Guardianship Assistance Agreement.
The relative must file a petition in court asking for guardianship after the KinGAP application has been approved and the relative and county have fully completed and signed the KinGAP Agreement. If guardianship is granted before the KinGAP Agreement is fully executed, the case is not eligible for KinGAP. Once letters of guardianship are issued by the court, the child will no longer be in foster care.
If KinGAP is approved and the agreement goes into effect after letters of guardianship are issued, the relative will be eligible to receive a kinship guardianship assistance payment that will be comparable to the foster care payment they were receiving while the child was in foster care. In some counties, it may be up to 25 percent less based on the relative’s income. In addition, the relative guardian may also be eligible to receive reimbursement up to a set amount per child for certain expenses related to obtaining guardianship, such as legal fees or travel expenses. In most cases, the child will continue to receive Medicaid or other medical coverage.
Other benefits and services may be available based on the circumstances and needs. These include but are not limited to, the Bridges to Health program if enrolled while in foster care, independent living services (including education and training vouchers) if the child was 16 or over when he or she left foster care for guardianship, Social Security benefits, or preventive services, if eligible.
KinGAP can continue until the child is 18 or, if the agreement went into effect when the child was age 16 or older, KinGAP may continue until the child is 21 years old. However, in order for KinGAP to continue, the relative guardian will receive an annual notice and will need to certify and provide information about the status of the child in the home, including his or her education/ employment status. In between the annual requests, the relative must contact the child welfare agency if there is any change in the child’s status in their home.
There is no requirement to terminate parental rights for guardianship with KinGAP. Depending on the circumstances of the case, the parent’s parental rights may have already been terminated or not. If not terminated, then the child’s parent will still have parental rights over the child. They can usually visit the child. They can also petition the court to have custody returned to them if they can show that there has been substantial change in their circumstance and it is in the child’s best interest.