1. BREAKOUT SESSION 1: Understanding Eligibility and Benefits for Transition Aged Youth

2. Basics of Eligibility for AFDC-FC (Foster Care Benefits)
In order to really understand foster care benefits for youth after the age of 18, it is important to understand the basics about eligibility for foster care benefits for youth prior to turning 18. First – because one of the conditions of eligibility for extended foster care is that the youth is under an order for foster care on his/her 18th birthday. Although, they don’t have to have been receiving AFDC-FC benefits prior to the age of 18 (they may have been with a relative and receiving CalWORKs, for example) – this information provides the basis for understanding foster care funding, who is eligible for funding, and how the rules have been changed to accommodate the needs/adult status of NMDs.
Also – it’s important to understand the difference between federal and state-only AFDC-FC benefits and when a youth gets which source of funding – which this section covers. Federal and state-only AFDC-FC continue after a youth turns 18, and it is important for youth, social workers and courts to know when a youth is eligible for which funding stream, what it means for placement, and how eligibility for federal/state impacts receipt of other benefits.
Need to make sure that we say that the rules relating to transition jurisdiction youth and cross over for NMDs are covered in another session – but note that people in the probation system who meets these eligibility rules gets these benefits

3. AFDC-FC: Basic Eligibility
Categorical requirements of the child
Age, residency, immigration status, deprivation
Conditions of removal from the home and placement
Financial eligibility

4. Categorical Requirements: What does the child look like?
Age:
Under 19 (beginning January 1, 2012)
Under 20 (beginning January 1, 2013)
Youth 18 – 20 must meet additional eligibility requirements (more later)
Resides in California or under jurisdiction of CA dependency court
Immigration status
US citizen, qualified immigrant, PRUCOL*
Deprived of parental support by virtue of being in foster care
Federal: Death, incapacity, absence, unemployment of parent
State: Deprived of parental support
NOTE --

5. Condition of Removal from Home
Prior to Age 18
Court Order/Judicial Determination
Continuing to live in the home would be contrary to welfare of the child; and
Reasonable efforts made to keep child in the home
Placement and care vested with county agency
Voluntary Placement Agreement (VPA)
Limited to 180 days under federal and state law
Return to home, file petition to maintain federal or state eligibility, or refer to adoption agency
Given up for adoption, or parental rights terminated
Living with a non-related legal guardian (state-only)
Make the point that one of these things has to happen to put the youth into foster care – the youth has to either be placed pursuant to a court order, VPA, given up for adoption, or with a non-related legal guardianship. If there is no judicial order for placement on a youth’s 18th birthday (or they aren’t under a VPA or living with a non-related legal guradian where the guardianship was created by the dependency court) then there is no eligibility for extended foster care.
Those youth who are in foster care on their 18th birthday then qualify for extended foster care up to age and we will be going into more details about the eligibility rules for participating in extended foster care later. Note the construct of the VPA is the mechanism for youth to reenter foster care after they turn 18, more on that later.

6. Placement
Child (under 18) must be placed in an approved or licensed facility/home:
Approved home of a relative (federal foster care)
Approved home of a non-relative extended family member
Licensed family foster home
Certified home of a licensed foster family agency (FFA) (includes ITFC)
Living with non-related legal guardian (state foster care)
THPP
Tribal home
Licensed group home
We are not going into the different placements – just noting that the youth or NMD has to be in a licensed or approved placement in order to receive AFDC-FC
NOTE on the non-related legal guardian – could have this guardianship created in probate or dependency court. ONLY those created in dependency court are eligible for extended foster care.
THPP – AFDC-FC eligible placement but only for the first $2100 of the benefit. Funding methodology for THPP changing with realignment.
These are placements – will be discussing which rates each of these placements is eligible for in a minute.

7. Financial Eligibility: Federal AFDC-FC -- Linkage Rule
Meet the 1996 AFDC criteria in the home of removal
in the month the petition is filed OR
in any of the 6 months prior to the month the petition is filed.

8. Federal AFDC-Linkage Test (cont.)
Once linkage met, does not have to be established again while child remains in foster care.
If remaining in care – no new linkage required
No new documentation required for youth continuing in care
For non-minor dependents re-entering foster care
New link is established based on youth’s income and property only
New documentation for youth reentering
Do NOT need to reestablish linkage at age 18 – if already IVE eligible, that doesn’t change
New documentation must be completed for the youth reentering

9. AFDC-FC: What Do They Get?
Monthly cash benefit paid on a per-child basis
Can be paid to NMD directly if the NMD is living in a SILP (more later)
Full scope Medi-Cal, no share of cost
Other funded services/allowances as applicable
County clothing allowance (if provided), infant supplement
The main thing that they get is the monthly case benefit and the Medi-Cal
No share of cost is for the beneficiary.

10. AFDC-FC: Monthly Cash Benefit
Foster Family Homes/ relatives/NRLG NREFM:
Basic rate: $621 (for ages 0 – 3) up to $776 (15 and older)
Specialized Care Increments: Range of rates varies by county
Foster Family Agencies:
Non-Treatment: $373 (for ages 0 – 3) up to $522 (15 and older)
Treatment: $1430 (for ages 0 – 3) up to $1679 (15 and older)
Intensive Treatment Foster Care: $ $ 4028 (based on level of need)
Undergoing a rate restructure process
Group Homes: $ 2,159 - $9,146 (based on level of need)
Rates are Per Child!

11. Specialized Care Increments
County supplement to the basic rate for the caring for children with medical or emotional/behavioral needs.
County creates its own policy on how child qualifies and the increment amounts. CDSS must approve the plan.
Most counties provide specialized care increment (except: Modoc, Plumas and Sierra)
Specialized Care Increments are only available to youth in a foster family homes, the approved home of a relative caregiver, NREFM and NRLG
Group homes, FFAs, THPP, THP-Plus FC, and SILPs do not qualify for specialized care increment
Provided the youth qualifies for IVE if in the approved home of a relative.

12. AFDC-FC: Regional Center Clients
Youth who receive AFDC-FC benefits and who are also regional center clients are eligible for a higher level of cash benefits called Dual Agency Rate.
Dual Agency Basic Rate: $2006 per month
Dual Agency Supplement to the Rate – Based on extraordinary care and supervision: increments of $250 up to $1000
Early Start Intervention (ages 0-3): $898
Regional Centers must purchase or secure services in the child’s IPP or IFSP
NMDs qualify for dual agency rate
Eligibility for regional center services:
Mental retardation, cerebral palsy, epilepsy, autism, and the “5th Category”
Children under 3 years old may also qualify for services under California Early Start Intervention Services Act

13. Eligibility for Extended Foster Care Benefits (Ages 18 – 20)

14. Eligibility Basics for Extended Foster Care Benefits
Extended benefits available to youth (non-minor dependents or “NMDs”) who, at the time they turn 18:
Has an open juvenile court case at age 18
Satisfy at least 1 of 5 participation requirements,
Meet with Social Worker and update TILCP/TILP
Court or administrative review every 6 months
Live in a licensed/approved supervised setting
Extended benefits also available to:
Youth with a Non-Related Legal Guardian created in juvenile court (regardless of age of youth when guardianship is created)
Youth who entered Kin-GAP or AAP at age 16 or older.
Going to go over each of these eligibility conditions in more detail

15. Phase-In: Who is eligible for extended foster care?
Youth under age 19 as of January 1, 2012 who have an open case. This includes:
All youth who turn 18 on or after January 1, 2012
Youth who turn 18 during 2011 AND meet the current eligibility requirements (such as the high school completion rule)
Youth who turn 18 during 2011 who do not meet the high school completion rule provided the court retains jurisdiction
High school completion rules includes GED, vocational education, etc.
Sam turned 18 on October 30, Is he eligible for AB 12 benefits beginning January 1, 2012 if:
He satisfied the completion rule because he is expected to graduate from HS in May 2012, before he turns 19.
He does not satisfy the completion rule BUT the dependency court keeps his foster care case open and he has an open dependency case on January 1, 2012.
He does not satisfy the completion rule AND the dependency court terminates jurisdiction when Sam turns 18 on October 30th while in a foster care placement.

16. What Must a NMD Do to Receive Benefits – Participation Conditions
Participation Conditions: Must satisfy 1 of 5 as documented in the youth’s TILP
Be enrolled in high school or equivalent program
Be enrolled in college/vocational school
Work at least 80 hours/month
Participate in a program/activity that helps you find a job or removes barriers to employment (like substance abuse treatment)
Be unable to do one of the above because of a medical or mental health condition
Six-Month Certification of Participation completed by social worker. (SOC 161 – available online)

17. Licensed/Approved Placement
Traditional placement options still available
2 NEW Placement Options for NMDs:
THP-Plus Foster Care
Supervised Independent Living (SILP)
Again – Breakout #2 is going to discuss these options in depth – just noting what the eligible facilities are

18. What about youth who want to opt-out?
Eligibility for assistance does not end until the youth turns 20 (or 21), but aid is suspended when the NMD no longer resides in an eligible facility or after the court terminates dependency jurisdiction – may be resumed at request of NMD
Hearing (WIC 391) must be held prior to terminating jurisdiction (and assistance) and court must inform youth of:
Right to remain in care
Benefits of remaining in care
Right to reenter care if under the age limits
General jurisdiction for reentry taken if the court terminates dependency/delinquency jurisdiction
AFDC-FC continues as long as the youth is meeting a participation condition until the court terminates jurisdiction at a 391 hearing. If the youth is NOT meeting a participation condition, must get a finding from the juvenile court that the youth is not participating and – if the court does not terminate jurisdiction – county has to follow normal process to terminate benefits (NOA, right to administrative hearing, etc)

19. Extended Foster Care Benefits – What Do They Get?
The same benefit rates apply - NMDs eligible for the same rate they received in that setting as a minor
New statewide rates established for THP-Plus FC
SILP is limited to basic AFDC-FC rate
Wraparound services available for NMDs

20. High School Completion Rule and AB 12
As of January 1, 2012 – there is no more high school completion rule for NMDs participating in extended foster care
No more high school completion rule for youth in group homes
Remaining in group home after age 18 (up to age 19) permitted to promote educational stability of the NMD
High school completion rule still exists for certain groups that do not have access to extended benefits
KinGAP youth who entered KinGAP prior to age 16
Youth with non-related legal guardianships created in probate court

21. Benefits for Pregnant & Parenting Youth
Pregnant and parenting youth are eligible
Benefit Payment
In a SILP, the parenting NMD can receive the foster care payment directly, which includes the Infant Supplement.
For parenting NMD’s in licensed/approved facilities, the Infant Supplement is paid to the provider.
Whole Family Foster Homes, as FFH’s, relatives. FFA’s or THP+FC host family homes, are also eligible for the $200 Shared Responsibility Plan payment.

22. Process to Establish and Maintain Eligibility for Extended Foster Care Benefits

23. Role of Social Worker/Probation Officer Regarding Eligibility
Affirmative obligation to ensure that NMDs who want to participate maintain eligibility
In order to terminate dependency, must establish in juvenile court that the social worker/probation officer made reasonable efforts to ensure participation
Services in TILP to ensure meaningful participation in eligibility requirements, including a back-up plan
All case planning should be collaborative with young adult
Goals are increasing levels of responsibility

24. Mutual Agreement
Not a condition of payment – but must be signed within 6 months of NMD turning 18
Mutual Agreement documents youth’s willingness to:
Remain in a “supervised placement,”
Report changes relevant to eligibility and placement, and
Work with the Agency on the implementation of the TILP participation activities
Participate in 6 month review hearings
Mutual Agreement documents agency’s responsibility to:
Help NMD develop and achieve goals
Review and update TILP every 6 months
Help NMD remain eligible for extended foster care by responding to problems the NMD and connecting NMD to supports and services
Help NMD and caregiver develop Shared Living Agreement
Ensure NMD has Medi-Cal card or other health insurance
Provide NMD with contact information for his/her attorney
Mutual agreement – if not signed, the EW wouldn’t send an NOA to terminate benefits, but the SW would schedule a 391 hearing to terminate jurisdiction

25. Role of Eligibility Worker
A copy of the Certification Form shall be filed in the EW’s maintenance case
CDSS strongly recommends that a copy of the participation documentation be kept in the EW’s file for audit purposes
Perform normal duties for changes of placement calculate OP/UP’s, rate adjustments, annual redeterminations

26. 6 Month Certification of Extended Foster Care Participation Form
PASTE IN FORM THAT IS ONLINE

27. Other Benefits for Transition Age Youth
And how these programs changes as a result of AB 12

28. CalWORKs: Basic Eligibility for Youth in Foster Care
Relatives caring for a youth who is in foster care that does not qualify for Title IV-E foster care benefits
This includes relatives who have a non-minor dependents placed in their home
NOTE: The non-minor dependent could live with the relative in a SILP and receive state-only AFDC-FC or if over 16 the relative can become the guardian and get the higher per child Kin GAP extended benefits.

29. CalWORKs: What Do they Get?
REGION 1
AU Size
MAP Exempt
MAP Non-Exempt 1
351
317 2
577
516 3
714
638 4
849
762 5
966
866 6
1086
972 7
1192
1069 8
1301
1164 9
1405
1258 10
1510
1351
10+
REGION 2
AU Size
MAP Exempt
MAP Non-Exempt 1
334
300 2
550
490 3
681
608 4
809
725 5
923
825 6
1035
926 7
1137
1016 8
1239
1109 9
1340
1198 10
1439
1286
10+
This is why it is important to consider having the NMD transfer into a SILP rather then stay in placement with the relative.
NOTE – these rates have gone down in the last few years.
Payment Decreases Per Child!

30. Kinship Guardianship Assistance Payment Program (Kin-GAP)
Kin-GAP is California’s Kinship Guardianship Assistance Payment program – it has been available since January 1, 2000
Goal to enhance family preservation and stability to allow youth to exit foster care to guardianship with a relative caregiver without loss of funding
Program was expanded in 2006 to include:
Probation youth
Allow youth to receive Specialized Care Increment and clothing allowance as part of Kin-GAP benefit
Conversion of the old Kin-GAP program began January 1, 2011 due to AB 12

31. Kin-GAP: Basic Eligibility
Child:
Has been adjudged a dependent pursuant to WIC § 300 or 602 or after 6 months of voluntary placement, court ordered guardianship per 360
Child must be citizen, legal permanent resident, or other qualified immigrant
Living with same approved relative at least 6 continuous months
Relative appointed as guardian by juvenile court
Relative guardian and child welfare agency (or probation or tribe) enter into a written, signed negotiated agreement setting forth the amount of the Kin-GAP payment and any other services
Dependency/delinquencycase dismissed by the court after January 1, 2000
AND
Have dependency/delinquency case dismissed after (or at the same time as) the court appoints the relative as guardian

32. What must the county do before the Kin-GAP guardianship is finalized?
County Agency Must Document in Guardianship Study
Being returned home or placed for adoption are not appropriate permanency options for the child (the court must make this finding)
The child demonstrates a strong attachment to the prospective relative guardian
The relative guardian has a strong commitment to caring permanently for the child
The child who has attained 12 years of age has been consulted regarding the kinship guardianship arrangement.

33. Kin-GAP – What do they get?
Negotiation between the relative guardian and the county child welfare agency, probation department or Indian tribe
Cannot exceed what the child would have received in a foster family home, including any applicable specialized care increment
The maximum Kin-GAP payment varies depending on the date the Kin-GAP guardianship was established
Set forth in an written agreement that can be adjusted periodically, as the needs of the child change
If the youth is a parent of a child placed in the same home, the infant supplement or “whole family foster home” rates apply
If the youth is a regional center consumer, the dual agency rates apply

34. Kin-GAP – When does it end?
Age Limits
Age 18 if entered Kin-GAP prior to turning 16 and no physical mental disability or up to age 19 if completing high school
Age 21 – regardless of when the child entered Kin-GAP IF the child has mental or physical handicaps that warrant continuation
Age 19 (beginning Jan ) or Age 20 (beginning Jan ) – for ALL youth who entered Kin-GAP at age 16 or older and meets one of the five participation conditions
NOTE: Youth converted into the federal Kin-GAP program at age 16 or older qualify until age 20 (or 21) even if they initially entered Kin-GAP before age 16
Other factors
Continues if the family moves to another state

35. Other Benefits for Relatives/Youth Participating in Kin-GAP
County Clothing Allowance
Medi-Cal
And Medicaid continues if the guardian/youth move out of state IF the youth is federally-eligible
ILP services (regardless of what age the youth was when he/she entered Kin-GAP)
Education and training vouchers (if the youth entered Kin-GAP after age 16)
Reimbursement of non-recurring costs associated with guardianship – up to $2,000
If a guardian/child move out of state – they continue to get Medicaid in the new state NOTE that only youth that are federally eligible get Medicaid out of state

36. AAP: Basic Eligibility
“Special needs”
AND
Written and signed AAP agreement with state stipulating amount of AAP entered into before the adoption is finalized (no means test)
NOTE – these requirements are unchanged as a result of AB 12.
Virtually every child in the foster care system who is eligible for adoption is eligible for AAP. Children who are unlikely to be adopted without AAP financial assistance because of their age (over 3), membership in a minority or sibling group, medical condition, disability or adverse parental background (of a medical or behavioral nature that can affect the child’s development) are eligible for adoption assistance if they are under the supervision of a child welfare agency[1] or if they meet the requirements for Supplemental Security Insurance (SSI).[2] The child must be a United States citizen or a “qualified alien” to be eligible for AAP.[3] [1] Cal. Welf. & Inst. Code § (i) Children relinquished to an adoption agency who are certified as “at risk of dependency” by the county child welfare agency may also be eligible for AAP.
[2] Cal. Welf. & Inst. Code §
[3] Cal. Welf. & Inst. Code § 16120(l). If the child is a “qualified alien” as defined in 8 U.S.C.§1641 certain eligibility restrictions may apply if the child is placed with an unqualified alien.

37. AAP: Basic Eligibility (con’t)
AND one of the following:
Subject of an independent OR agency adoption and meets SSI requirements – OR -
Subject of an agency adoption and under supervision of county welfare department – OR -
Subject of an agency adoption and would have been at risk of dependency – OR -
Subject of an agency adoption and committed to care of dep’t pursuant to Family Code § 8805 or § 8918
Additionally, children with disabilities involved in independent adoptions (under Family Code section 8524) may also be eligible for AAP if they are unlikely to be adopted without financial assistance and meet the requirements for Supplemental Security Insurance (SSI).[1] [1] Cal. Welf. & Inst. Code § 16120(j) &(k).

38. AAP: What Do They Get? Medicaid Monthly Benefit
Amount of Adoption Assistance negotiated in a written adoption assistance agreement (no means test)
Cannot exceed the amount that the child would have received if in a licensed or approved family home (includes specialized care rate, ARM rate, dual agency rate)
The maximum AAP payment varies depending on the date of the initial adoption assistance agreement.
Can include specialized care increment
Residential care or Wrap Around services
If the initial adoption assistance agreement was signed between October 1, 1992 and December 31, 2007, the payment cannot exceed the basic foster care maintenance payment rate structure in effect on December 31, 2007, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.[1]
If the initial agreement was signed between January 1, 2008 and December 31, 2009, the payment cannot exceed the basic foster care maintenance payment rate structure in effect on December 31, 2009, that would have been paid based on the age-related state-approved foster family home rate, and any applicable specialized care increment, for a child placed in a licensed or approved family home.[2]
If the agreement was signed between January 1, 2010 and June 30, 2011, the payment cannot exceed the basic foster care maintenance payment rate structure in effect on June 30, 2011, and any applicable specialized care increment, that the child would have received while placed in a licensed or approved family home.[3]
For agreements signed on or after July 1, 2011, the payment amount cannot exceed the basic foster family home rate as set forth below:[4]
The per child per month basic rate, effective since July 1, 2011, according to the age of the child is as follows: $609 for each child 0-4 years old, $660 for each child 5-8 years old, $695 for each child 9-11 years old, $727 for each child years old, and $761 for each child years old.[5] These rates will be adjusted annually on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.[6]
Families receiving AAP payments may request an increase in the AAP payment up to the maximum amount allowed under the AAP agreement if the child’s needs or the family’s circumstances change. However, one the adoption assistance agreement is signed, payments cannot be decreased or terminated without the adoptive parents’ consent unless: (1) The adoptive parents are no longer legally responsible for the child’s support; or
The department finds that the child is no longer supported financially by the adoptive parents; or (2) The payments are more than the child would have received if the child were in a foster family home.
[1] MPP Adoption Users Manual § 35343(a)(2).
[2] Cal. Welf. & Inst. Code § 16119; MPP Adoption Users Manual §
[1] Cal. Welf. & Inst. Code § 16121(a)(1).
[2] Cal. Welf. & Inst. Code § 16121(a)(2).
[3] Cal. Welf. & Inst. Code § 16121(a)(3).
[4] Cal. Welf. & Inst. Code § 16121(a)(4).
[5] Cal. Welf. & Inst. Code § 11461(g)(1).
[6] Cal. Welf. & Inst. Code § 11461(g)(2).

39. AAP: When Does it End? Eligibility by Age Other Considerations
Age 18 if entered AAP prior to turning 16 and no physical mental disability
Age 21 – regardless of when the child entered AAP IF the child has mental or physical handicaps that warrant continuation
Age 19 (beginning Jan ) or Age 20 (beginning Jan ) – if entered AAP at age 16 or older and meets one of the five participation conditions
Other Considerations
Continues if the family moves to another state
Can continue if child is adopted after death of adoptive parents

40. SSI/SSP: Basic Eligibility
Little or no income (no deeming for children that do not live in the household of a parent)
Few or no resources
Citizen or qualified non-citizen
Disabled

41. SSI/SSP: Basic Eligibility
Disability – child standard:
Marked or severe functional limitation expected to result in death or last for at least 12 continuous months
Disability – adult standard:
Inability to engage in substantial gainful employment and expected to last at least 12 months or result in death

42. SSI/SSP: What Do They Get?
Disabled child - $750
Disabled adult (residing in own household) – $858
If in foster care OR residing with a non-parent relative caregiver (even if not in foster care) OR residing with a guardian (relative or nonrelative)
Non-medical out-of-home care facility: $1086
Must complete the SSP 22 to get the full benefit!
There are offset rules for concurrent receipt of SSI and other assistance (AFDC-FC, AAP, Kin-GAP)
NOTE that which benefit is offset may depend on whether the youth is eligible for federal vs state benefits. And – particular with regard to the offset rules for the state programs (state AFDC-FC, state Kin-GAP) – still working with SSA to determine if the SSA is offsetting the SSI or if CDSS should offset the other benefits

43. SSI/SSP: When Does it End?
No definite end date – depends on the disability, income and resources
Different disability standard for adult
SSA conducts a Continuing Disability Review (“CDR”) in the month before the month the youth turns 18 to determine if the youth will remain eligible for SSI benefits under the adult rules
Continue to receive SSI until CDR is complete

44. SSI/SSP: County Mandate to Screen/Apply for SSI for Youth in Care
Counties must:
Screen every youth in foster care for SSI eligibility between ages 16.5 and 17.
Assist youth determined likely eligible with SSI application.
When necessary, use workaround to forego federal foster care benefits for one month out of every 12 months

45. SSI: New Requirements for Non-Minor Dependents
Timeline for application remains the same – goal remains having SSI eligibility established at around the time the youth turns 18
Ensuring SSI is in place provides youth maximum flexibility and choice among benefits, services and supports
If youth is approved for SSI but receives federal foster care in excess of SSI – same workaround that is used to allow youth to apply for SSI will be used to maintain eligibility

46. How can SSI help a youth transitioning out of foster care?
Monthly cash assistance often more than other available cash assistance programs (ie CalWORKs, General Assistance) – can help avoid homelessness
SSI eligibility may qualify youth for permanent affordable housing
Youth can work part-time and still receive SSI
Social Security has programs to help recipients pursue education or attempt work without losing eligibility
Youth can receive school scholarships and receive SSI simultaneously

47. Foster Care Independence Act – additional benefits for youth in transition
Independent Living Plans and Services
Resource limit: $10,000
Transitional Medi-Cal
Transitional Housing: THP-Plus
Education and Training Vouchers
Earned Income Disregards

48. HYPOTHETICALS

49. Is Sam Eligible for Extended Foster Care?
Sam turned 18 on October 30, Is he eligible for Extended Foster Care beginning January 1, 2012 if:
He is expected to graduate from high school in May 2012, before he turns 19?
YES – he is eligible on January 1, 2012
He is not expected to graduate from high school before October 30, 2012 BUT the dependency court keeps his foster care case open and he has an open dependency case on January 1, 2012?
He is not expected to graduate from high school before October 30, 2012 AND the dependency court terminates jurisdiction when Sam turns 18 in October 2011?
NO – he is NOT eligible on January 1, 2012

50. Is Samuel Eligible for Extended Foster Care?
Samuel is under an order for foster care placement when he turns 18 on June 1, However, Samuel is on runaway status on that date.
Is Samuel eligible to participate in extended foster care?
YES – as long as he is under order for foster care placement on his 18th birthday

51. Is Ashley Eligible for Kin-GAP After Age 18?
Facts:
Ashley turned 15 on May 1, 2009.
On July 1, 2009, Ashley exited foster care and entered the Kin-GAP program when her grandmother took guardianship of her.
It is now July 1, 2011 and it is Ashley’s annual redetermination. Because of the passage of AB 12, Ashley is being converted into the new Kin-GAP program.

52. Is Ashley Eligible for Kin-GAP After Age 18 (continued)?
Does Ashley have a mental or physical disability?
If YES – she can receive Kin-GAP up until age 21
Is Ashley expected to complete her high school diploma or GED by age 19?
If YES – she can get Kin-GAP benefits until she finishes her diploma or GED or until she turns 19, whichever is first
Is Ashley being converted into the federal Kin-GAP program?
If YES - she can get Kin-GAP up until 20 (or 21) as long as she meets the participation requirements and the timeline for extension. 
If NO - she CANNOT get benefits after 18 (unless he has a physical of mental disability OR he meets the completion rule). 
She’d be converting to the federal program if she was previously eligible for federal foster care benefits when she was in foster care

53. Is Lisa Eligible for Kin-GAP?
Facts
Lisa turned 15 in December 2011, and during that same month, she was placed in foster care in the approved home of her Aunt Sally.
In July 2012, Aunt Sally decides to take legal guardianship of Lisa so that they can close her dependency case.
Questions
What does Aunt Sally have to do to ensure eligibility for Kin-GAP benefits?
If guardianship is finalized in August 2012 and dependency terminated, will Lisa be eligible for Kin-GAP after age 18?
Question 1 – negotiate the Guardianship Agreement PRIOR to finalizing the guardianship. Home study. Since Lisa is over 15, she has to be consulted about the guardianship. Dismiss dependency at the same time or subsequent to finalizing the guardianship.
Question 2 – Unless Lisa has a physical/mental disability – KinGAP will end at 18 (or can go to graduation/19 if reasonably expected to graduate by 19). If Aunt Sally waited to finalize the guardianship until December 2012 – when Lisa turns 16 – then benefits will extend to 20/21.
NOTE – this could be a short-term vs. long-term financial decision. If Lisa is not IV-E eligible, then she only gets CalWORKs benefits while she is with Aunt Sally in foster care. Once she enters KinGAP, she gets a benefit equal to what she would have received in AFDC-FC. It could be that Aunt Sally needs the additional resources ASAP. But, of course, if she can hang on for 5 months – then she gets the equivalent of AFDC-FC for up to 3 additional years.

54. QUESTIONS?