Does a successor guardian have to be approved through the resource family approval process to be eligible for Kin-GAP funding?

No, the law does not require successor guardians to be approved as resource families to receive Kin-GAP funding.

A successor guardian is named for the purpose of establishing someone who can take over as a child’s guardian in the event that the person originally appointed as the guardian for the child cannot continue in that role (usually due to death or disability). Children who enter guardianship from foster care are eligible to receive Kin-GAP payments if the child was living in the approved home of the relative for six consecutive months prior to the guardianship being established.  Kin-GAP payments begin once the dependency case has been dismissed.

For Kin-GAP payments to continue onto a successor guardian, the named successor guardian must have their home visited and assessed by a county social worker and must have a criminal background check and review of the Child Abuse Central Index (CACI) to make sure that the successor guardian’s home is a safe place for the child. Beyond that, the successor guardian and child welfare agency must complete and sign a Kin-GAP agreement.

Kin-GAP payments to the successor guardian may begin right away once the above requirements are met. A new period of 6 months in the placement with the successor guardian is not required to receive Kin-GAP payments and the successor guardian does not have to be approved as a resource family.

CITATIONS: Welf. and Inst. Code sections 361.3, 361.411360 et seq11385 et seq.

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