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HomeWelfare and Institutions CodeDiv. 9Pt. 3Ch. 2Art. 4.7§ 11386 Foster Care Eligibility Requirements

§ 11386 Foster Care Eligibility Requirements

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

§ 11386 Foster Care Eligibility Requirements

This law helps kids and young adults get financial support if they live with a relative who is their legal guardian instead of their parents. It makes sure they get money for food, clothes, and a place to live if going back to their parents or being adopted isn't possible.

Key Takeaways

  • •This money helps kids who can't live with their parents and are being cared for by a relative.
  • •The child must have lived with the relative for at least six months before the relative becomes the legal guardian.
  • •The court must decide that going back to parents or being adopted isn't a good idea.
  • •Older kids (12 and up) get to say if they want this guardianship arrangement.
  • •The money can keep coming even after the child turns 18 if they meet certain rules, like having a disability or being in school.

Example

A 15-year-old girl has been living with her aunt for over six months because her parents can't take care of her. The court says it's not safe for her to go back home, and she doesn't want to be adopted by strangers. Her aunt becomes her legal guardian.

The girl can get money from the government to help her aunt pay for her needs, like food and school supplies, because she meets all the rules in this law.

How to Calculate

There is no specific calculation formula in this statute. Eligibility is based on meeting certain conditions, not a mathematical calculation.

  1. Check if the child has been removed from their home by the court or a voluntary agreement.
  2. Make sure the child has lived with the relative guardian for at least six months in a row.
  3. Confirm that going back to parents or being adopted isn't a good option.
  4. Ensure the child and guardian have a strong bond and the child (if 12 or older) agrees to the guardianship.
  5. Verify that the guardianship is legally set up and the court has ended the dependency or wardship case.

A 10-year-old boy has lived with his grandfather for seven months. The court took him away from his parents because of neglect. His grandfather wants to be his legal guardian.

Result: The boy is eligible for financial support because he meets all the conditions: he was removed from his home by the court, has lived with his grandfather for more than six months, and going back to his parents isn't safe.

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

Official Source
View on CA.gov

§ 11386 Foster Care Eligibility Requirements

Aid shall be provided under this article on behalf of a child under 18 years of age, and to any eligible youth under 19 years of age, as provided in Section 11403, under all of the following conditions: (a) The child satisfies both of the following requirements: (1) He or she has been removed from his or her home pursuant to a voluntary placement agreement, or as a result of judicial determination, including being adjudged a dependent child of the court, pursuant to Section 300, or a ward of the court, pursuant to Section 601 or 602, to the effect that continuation in the home would be contrary to the welfare of the child. (2) He or she has been eligible for federal foster care maintenance payments under Article 5 (commencing with Section 11400) while residing for at least six consecutive months in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement. (b) Being returned to the parental home or being adopted are not appropriate permanency options for the child. (c) The child demonstrates a strong attachment to the relative guardian, and the relative guardian has a strong commitment to caring permanently for the child and, with respect to the child who has attained 12 years of age, the child has been consulted regarding the kinship guardianship arrangement. (d) The child has had a kinship guardianship established pursuant to Section 360 or 366.26. (e) The child has had his or her dependency jurisdiction terminated pursuant to Section 366.3, or his or her wardship terminated pursuant to subdivision (d) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (f) If the conditions specified in subdivisions (a) to (e), inclusive, are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388. (g) A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if he or she meets one of the following age criteria: (1) He or she is under 18 years of age. (2) He or she is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance. (3) Through December 31, 2011, he or she satisfies the conditions of Section 11403, and on and after January 1, 2012, he or she satisfies the conditions of Section 11403.01. (4) He or she satisfies the conditions described in subdivision (h). (h) Effective January 1, 2012, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 19 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 20 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2014, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 21 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced. To be eligible for continued payments, the youth shall satisfy one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (i) (1) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP, unless the conditions of Section 11403 apply. However, if a successor guardian is appointed pursuant to Section 366.3 who is also a kinship guardian, the successor guardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article if the reason for the appointment of the successor guardian is the death or incapacity of the kinship guardian and the successor guardian is named in the kinship guardianship assistance agreement or amendment to the agreement. A new period of six months of placement with the successor guardian shall not be required if that successor guardian has been assessed pursuant to Section 361.3, subdivision (a) of Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction, subject to federal approval of amendments to the state plan. (2) (A) In addition to the state-level criminal records check described in paragraph (2) of subdivision (a) of Section 361.4, the county welfare department shall require each prospective successor guardian, and any other person over 18 years of age living in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. (B) If the criminal records check indicates that the prospective successor guardian has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding. (C) If the proposed successor guardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (g), inclusive, of Section 1522 of the Health and Safety Code shall apply, and an exemption shall be issued prior to issuance of any Kin-GAP funding. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the county using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and any applicable written directives or regulations adopted by the department. (3) A prospective successor guardian shall not be required to be approved as a resource family pursuant to Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective successor guardian. (Amended by Stats. 2018, Ch. 910, Sec. 30. (AB 1930) Effective January 1, 2019.)

Last verified: January 11, 2026

Key Terms

Aidchild under 18 years of ageeligible youth under 19 years of age

Related Statutes

  • § 10052 Financial Assistance Definition
  • § 11273 Homeless Assistance Mismanagement
  • § 11328.8 Education Training Payment Rules
  • § 11361 Kinship Guardianship Financial Support
  • § 11385 Kinship Guardianship Assistance Payments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 11386.
View Official Source