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HomeWelfare and Institutions CodeDiv. 9Pt. 3Ch. 2Art. 4.7§ 11390 Kinship Guardian Calworks Exemption

§ 11390 Kinship Guardian Calworks Exemption

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

§ 11390 Kinship Guardian Calworks Exemption

This law helps kinship guardians (like grandparents or relatives raising kids) get financial help without extra hassle. It says their income and the child's income (like Kin-GAP payments) won't count against them for other aid programs.

Key Takeaways

  • •Kinship guardians don’t have to verify their identity again for CalWORKs if they’re already approved.
  • •The child’s Kin-GAP money doesn’t count as the guardian’s income for other aid programs.
  • •If a child switches from AFDC-FC to Kin-GAP, they keep getting AFDC-FC until the court says the case is closed, then Kin-GAP starts the next day.
  • •Counties must keep paying for the child’s aid even if the child moves to another county.

Example

A grandmother is raising her grandchild and gets Kin-GAP payments. She also applies for CalWORKs (welfare) to help with bills.

The law says the Kin-GAP money the grandchild gets doesn’t count as her income when figuring out if she can get CalWORKs. She also doesn’t have to prove her identity again if she’s already a kinship guardian.

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

Official Source
View on CA.gov

§ 11390 Kinship Guardian Calworks Exemption

(a) A person who is a kinship guardian under this article, and who has met the requirements of Section 361.4, is exempt from identity verification requirements for the CalWORKs program. A guardian who is also an applicant for, or a recipient of, benefits under the CalWORKs program shall comply with the identity verification requirements for the CalWORKs program, as those statutory and regulatory requirements existed on October 1, 2018. (b) Any exemptions exercised pursuant to this section shall be implemented in accordance with Section 11393. (c) Income to the child, including the Kin-GAP payment, shall not be considered income to the kinship guardian for purposes of determining the kinship guardian’s eligibility for any other aid program, unless required by federal law as a condition of the receipt of federal financial participation. (d) Each county that formally had court-ordered jurisdiction under Section 300 or Section 601 or 602 over a child receiving benefits under the Kin-GAP Program shall be responsible for paying the child’s aid regardless of where the child actually resides. (e) Notwithstanding any other law, when a child receiving benefits under the AFDC-FC program becomes eligible for benefits under the Kin-GAP Program during any month, the child shall continue to receive benefits under the AFDC-FC program, as appropriate, through the day that the juvenile court dismisses the dependency or terminates the wardship, and Kin-GAP payments shall begin the day following the day that the juvenile court dismisses the dependency or terminates the wardship. (f) Both of the following shall apply to any child or nonminor in receipt of Kin-GAP benefits: (1) The child or nonminor is eligible to request and receive independent living services pursuant to Section 10609.3. (2) Income or property received after the beginning date of receipt of Kin-GAP benefits shall be disregarded. (g) Amendments made to this section by the act that added this subdivision shall become operative on the date that the department notifies the Legislature that the California Statewide Automated Welfare System (CalSAWS) can perform the necessary automation to implement the amendments. (Amended by Stats. 2024, Ch. 46, Sec. 17. (AB 161) Effective July 2, 2024. Conditionally operative as prescribed by its own provisions.)

Last verified: January 11, 2026

Key Terms

kinship guardianCalWORKs programKin-GAP paymentidentity verification requirementsSection 361.4

Related Statutes

  • § 11253.2 Expedited Aid For Foster Children
  • § 11371 Kin-Gap Income Exclusion
  • § 11389 Kin-Gap Medi-Cal Eligibility
  • § 11200 California Work Opportunity And Responsibility To
  • § 11265.48 Calworks Calfresh Program Compatibility

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 11390.
View Official Source