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HomeWelfare and Institutions CodeDiv. 9Pt. 3Ch. 2Art. 4.7§ 11391 Kinship Guardianship Payment Definitions

§ 11391 Kinship Guardianship Payment Definitions

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11391 Kinship Guardianship Payment Definitions

This law explains who can get money to take care of kids who can't live with their parents. It also says who can be a guardian for these kids.

Key Takeaways

  • •Kin-GAP is money the government gives to help relatives take care of kids who can't live with their parents.
  • •A kinship guardian is someone who is a relative and has been appointed by a court to take care of a kid.
  • •Relatives can be family by blood, adoption, or even close family friends who have a strong bond with the kid.
  • •The home where the kid will live must be approved by the government or a tribe.

Example

Your cousin can't take care of their kid, so you want to be the kid's guardian and get money to help raise them.

If you're a relative like a cousin, and a court says you can be the kid's guardian, you might get money from the government to help take care of them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11391 Kinship Guardianship Payment Definitions

For purposes of this article, the following definitions shall apply: (a) “Kinship Guardianship Assistance Payments (Kin-GAP)” means the aid provided on behalf of children eligible for federal financial participation under Section 671(a)(28) of Title 42 of the United States Code in kinship care under the terms of this article. (b) “Kinship guardian” means a person who meets both of the following criteria: (1) The person has been appointed the legal guardian of a dependent child pursuant to Section 366.26 or Section 360 or a ward of the juvenile court pursuant to subdivision (d) of Section 728. (2) The person is a relative of the child. (c) “Relative,” subject to federal approval of amendments to the state plan, means any of the following: (1)  An adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand” or the spouse of any of those persons even if the marriage was terminated by death or dissolution. (2) An adult who meets the definition of an approved, nonrelated extended family member, as described in Section 362.7. (3) An adult who is either a member of the Indian child’s tribe, or an Indian custodian, as defined in Section 224.1. (4) An adult who is the current foster parent of a child under the juvenile court’s jurisdiction, who has established a significant and family-like relationship with the child, and the child and the county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1 identify this adult as the child’s permanent connection. (5) An adult who meets the definition of an extended family member as described in Section 224.1. (d) “Sibling” means a child related to the identified eligible child by blood, adoption, or affinity through a common legal or biological parent. (e) “Approved home of the prospective relative guardian” means either of the following: (1) The home of a relative who has been approved as a resource family home pursuant to Section 16519.5 of this code, or Section 1517 of the Health and Safety Code. (2) The home of a relative who has been approved as a tribally approved home, as defined in subdivision (r) of Section 224.1. (Amended by Stats. 2024, Ch. 656, Sec. 27. (AB 81) Effective September 27, 2024.)

Last verified: January 11, 2026

Key Terms

adoptionguardianshipdissolutionprobationagreementmarriagedeathroad

Related Statutes

  • § 11364 Kinship Guardianship Payment Agreement
  • § 11385 Kinship Guardianship Assistance Payments
  • § 11462 Short-Term Residential Payment Rates
  • § 366.26 Dependent Child Hearing Procedures
  • § 397 Foster Care Data Reporting

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 11391.
View Official Source