Since 1999, California has provided benefits to relatives through the Kinship Guardian Assistance Program (Kin-GAP) for foster children whose relative guardians assume care for them.  The cash assistance and Medicaid – California (Med-California) is available to more than 14,000 children.  Even though the program was expanded in 2006 to include children who had been removed from their homes and for whom guardianship was created through the delinquency court, the state policy was misinterpreted.  The policy terminated Kin-GAP for foster youth who later become involved in the delinquency system, and returned home to their guardians.  The failure to recognize two different groups eligible for Kin-GAP caused guardians caring for youth in the delinquency system to be denied.  Advocacy groups challenged the law and filed a lawsuit on behalf of a grandmother who lost benefits, used all her resources, and could not provide for the needs of her grandchild, resulting in the youth going into a group home.  Alameda County was paying for group home care that was 10 times higher than the cost of Kin-GAP to the relative.   The Superior Court ruled that the action by the state to exclude the delinquent youth was contrary to the language of the statute and the Legislature’s intent on enacting Kin-GAP.
 
The issue raises a very interesting question as it relates to the Guardianship Assistance Program created by Fostering Connections Legislation and the potential for counties and states to claim Title IV-E for youth who are placed in guardianship placements. 

About Kay Casey

Kay Casey has over 20 years of experience in federal and state child welfare policy and programs, having worked for the federal Administration for Children and Families (ACF) and the Florida Department of Children and Families prior to joining PCG. She is responsible for the review and assessment of fiscal processing systems that impact a state’s ability to identify, document, and report expenditures for federal reporting purposes accompanied with the programmatic impact on the state’s system of care.

Read more