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Foster Care (FC), Kin-GAP, Adoption Assistance Payments (AAP) & Non-Related Legal Guardians (NRLG) funding in CalWORKs & CalFresh. Vanessa Mayer 12/04/2013.

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Presentation on theme: "Foster Care (FC), Kin-GAP, Adoption Assistance Payments (AAP) & Non-Related Legal Guardians (NRLG) funding in CalWORKs & CalFresh. Vanessa Mayer 12/04/2013."— Presentation transcript:

1 Foster Care (FC), Kin-GAP, Adoption Assistance Payments (AAP) & Non-Related Legal Guardians (NRLG) funding in CalWORKs & CalFresh. Vanessa Mayer 12/04/2013

2 Relatives Requesting Cash Assistance Relatives can be referred to the CalWORKs program when requesting cash assistance. If there is a safety/other concern the relatives can be referred to Child Welfare Services to obtain CPS services as appropriate. Kin-GAP is a program initiated through Child Welfare services after several conditions of eligibility have been met. In order to qualify for Kin-GAP, there must have been an active or previously active CPS case, dependency had to have been dismissed, there must be a guardianship order in effect, and the child must be in placement with the relative guardian for 6 months or more after the establishment of the guardianship order. If a guardian requests consideration for the Kin-GAP program please refer them to the Child Welfare Services office.

3 Relatives Continued.. The relative may choose to apply for CalFresh for their own family and the CWS placed foster children in their care as a single assistance unit. All of the children’s income (including the foster care benefit payment once approved) & the income of the relative and their household would count in determining the CalFresh Budget if this option is elected. (Food Stamp Regulations Eligibility Standards ) Alternatively, the relative may choose to apply for CalFresh for themselves and their family with the CWS placed foster children excluded from their CalFresh Household. This would allow the foster care funding need not be counted against the Household benefit and they would not receive the benefit of the CWS placed foster children in their Household Composition size. (Food Stamp Regulations Eligibility Standards )

4 Kin-GAP for CalWORKs & CalFresh Children who receive Kin ‑ GAP are ineligible to also receive CalWORKs. They are treated as excluded persons pursuant to MPP §82 ‑ 832.1(e). The child of a minor who is a Kin ‑ GAP recipient shall be aided under the Kin ‑ GAP program and is excluded from the CalWORKs Assistance Unit (AU) in the same manner as a child of a minor child receiving AFDC ‑ FC as stated in MPP §82 ‑ 832.1(a). The needy caretaker relative of a Kin ‑ GAP recipient may be eligible for CalWORKs. If the caretaker is not in another AU and is not a caretaker relative for any other child, the caretaker may receive CalWORKs as an AU of one. The needy caretaker relative is treated in the same manner as caretaker relatives specified in MPP §82 ‑ (i.e. as a caretaker for an SSI/SSP child or a foster care child). Income and aid payments received by Kin ‑ GAP recipients are not considered available to CalWORKs applicants and recipients for budgeting purposes. Children receiving Kin ‑ GAP will be treated the same as children who receive foster care for CalFresh purposes.

5 Non-Relatives In order for non-relatives to potentially receive cash assistance through non-relative legal guardianship funding there must be an active temporary or permanent California guardianship order in effect. If there is no guardianship order, the application can be withdrawn or denied. Mom & dad must not be living in the home of the child. An application should be completed and forwarded to the current Foster Care caseworker. Emergency Foster Care Medi-Cal can be established for the child. The guardian may choose to apply for CalFresh for their family and the non-related children in their care as a single Household unit. All of the children’s income (including the foster care benefit payment once approved) & the income of the non- relative and their family would count against the CalFresh Budget if this option is elected. (Food Stamp Regulations Eligibility Standards ) Alternatively, the guardian may choose to apply for CalFresh for themselves and their family with the non-related children excluded from their household composition. This would allow that the foster care funding need not be counted against the guardian but they would also not receive the benefit of the foster children in their household composition size for benefit determination. (Food Stamp Regulations Eligibility Standards )

6 Treatment of Adoption Assistance Payments (AAP) payments in CalWORKs AAP payments qualify as complementary assistance. Federal regulations provide that assistance received from “complementary programs” may be disregarded as income in determining the need and amount of the CalWORKs assistance payment. Adoptive parents may receive an AAP payment for an adopted child and receive CalWORKs for the entire Assistance Unit (AU), including the adopted child, if otherwise eligible. It is not considered duplicate aid. ACL , ACIN I-05-92, ACIN I-58-08, Title 22, Division 2, Chapter 3, subchapter 7, section I-05-92I-58-08

7 Treatment of AAP payments in CalFresh AAP payments are treated as unearned income in CalFresh. Payments are assigned to the adoptive parents, not the child. Any portion of the AAP payment which is earmarked for an excludable reimbursement (i.e. medical expense or dependent care) shall be excluded from consideration as income. These exclusions must be determined on a case-by-case basis. ACL , ACIN I-05-92, ACIN I-58-08, Title 22, Division 2, Chapter 3, subchapter 7, section I-05-92I-58-08

8 Transitional Housing Program Plus (THP+) income in CalFresh/CalWORKs THP+ payments are never exempt in the CalWORKs program because the people who are eligible for THP+ are age and are therefore not considered children for purposes of CalWORKs. Cash THP+ payments received are considered unearned income (see MPP (g)) and payments made directly as rent are considered income in-kind for that item of need (MPP (j)). THP+ payments are treated as unearned income in the CalFresh budget per MPP

9 Wraparound for CalFresh & CalWORKs When the child is placed at home with their parent(s) through Wraparound, the Foster Care payment is made to a 3 rd party and is excluded as income for CalFresh (MPP ) & CalWORKs per ACIN# I


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