Legal Guardianship & Adoption

Diversion to Probate Guardianship can take place in one of two ways:

• Initial Call Diversion – When calls come into the Child Abuse Reporting Hotline (510) 259-1800, if the caller indicates that they have been caring for a child for some time and that the parents of the child are missing or unavailable, with no apparent safety threats, the practice is to refer the caller to Probate Court or other community resources for help in obtaining a Legal Guardianship.
• CFT Diversion – At a Child and Family Team (CFT) meeting, before a petition is filed, an appropriate person agrees to keep the child and the parents both agree. Parents indicate an intention to decline reunification services by signing an Informed Consent to that effect. 

Our Department has a Memorandum of Agreement with Legal Assistance for Seniors (LAS) to assist relatives and non-relative extended family members (NREFMs) prepare and file the paperwork to establish Legal Guardianship in Probate Court. LAS requests a waiver of the filing fees; works with the relative or NREFM to successfully serve the necessary parties; requests an order for Temporary Guardianship; and informs the relative or NREFM of all court hearing dates in connection with the Legal Guardianship proceeding.

If the prospective Legal Guardian does not follow through with the Legal Guardianship process in Probate Court, LAS will call the hotline. 

Benefits

Non-related guardians may receive guardianship assistance payments at the foster care rate. If an unrelated caregiver has been receiving AFDC-FC payments, the same payments can continue once guardianship is established. However, if the guardian resides outside of Alameda County, they will be subject to the policies regarding the Special Rates and clothing allowances in the county in which they reside. Talk with the Child Welfare Worker about the differences if you reside outside of Alameda County.

Extended Benefits

Legal Guardianships have traditionally lasted until a child reaches age eighteen. However, the child, youth, or non-minor can be eligible for extended benefits regardless of their age when the juvenile court ordered the legal guardianship. They must be receiving Non-Related Legal Guardianship (NRLG) non-federal AFDC funding on their eighteenth birthday AND the non-minor must fulfill one of the following participation conditions for Kin-GAP payments after age 18:

1. The non-minor is completing secondary education or a program leading to an equivalent credential;
2. The non-minor is enrolled in an institution which provides postsecondary or vocational education;
3. The non-minor is participating in a program or activity designed to promote, or remove barriers to, employment;
4. The non-minor is employed for at least 80 hours per month;
5. The non-minor is incapable of doing any of the activities described above (conditions 1 to 4) due to a medical condition.  

Dismissal of Juvenile Court Dependency

Generally, when the Child Welfare Worker recommends a Legal Guardianship with a non-relative, a recommendation for dismissal of Juvenile Court dependency is appropriate. 

Independent Living Program Benefits

Only those whose Juvenile Court guardianship was ordered on or after their 8th birthday are eligible for ILP services. 

Eligibility

Keep in mind the following requirements for Kin-GAP:

• Must be a Juvenile Court dependency (not probate) guardianship
• The child must have been residing for at least six consecutive months in the approved home of the relative. Cannot apply for Kin-GAP until RFA is complete nor until the residency requirement is met.
• A written binding agreement (i.e. the SOC 369 and 369A) must be entered into by the relative and the County prior to the establishment of the guardianship.
• The child must be related by birth or adoption. The relative must be a 5th degree relative.
• Must establish guardianship prior to age 18.
• The relative must be a U.S. citizen or an alien who meets certain eligibility criteria.
• Apply no more than 30 days before the expected date of dismissal.
• Dependency must be dismissed for Kin-GAP to be received.  

Benefits

The Kinship Guardianship Assistance Payment (Kin-GAP) program is a cash aid program that supports eligible relative caregivers in California who become legal guardians. It pays eligible relative guardians at the basic AFDC-FC rate for the child’s age, and a special care rate that the child was receiving prior to the dismissal of dependency. The rate cannot exceed what the child would have received while in foster care, including any applicable Special Care Increment.

Extended Benefits

The child, youth, or non-minor must have been in foster care on or after their sixteenth birthday prior to the initiation of Kin-GAP and dismissal of juvenile court dependency AND the non-minor must fulfill one of the following participation conditions for Kin-GAP payments after age 18:

1. The non-minor is completing secondary education or a program leading to an equivalent credential;
2. The non-minor is enrolled in an institution which provides postsecondary or vocational education;
3. The non-minor is participating in a program or activity designed to promote, or remove barriers to, employment;
4. The non-minor is employed for at least 80 hours per month;
5. The non-minor is incapable of doing any of the activities described above (conditions 1 to 4) due to a medical condition.  

Dismissal of Juvenile Court Dependency

Before Juvenile Court Dependency can be dismissed to Kin-GAP, the child must have been living in a placement under Resource Family Approval (RFA) for a minimum of six months. This is six months from the full approval date. An Emergency RFA or placement on a Compelling Basis do not start the six-month clock; only a finalized RFA. Once a Legal Guardianship has been ordered and the six-month requirement met, the Juvenile Dependency case will be dismissed unless there is a compelling reason not to, such as the relative objects. 

Independent Living Program Benefits

Youth in Kin-GAP Legal guardianship may participate in Independent Living Program, regardless of their age at the time the Legal Guardianship was ordered. 

See Kinship Support Services Program (KSSP) for information about additional supports for kin.