California Welfare and Institutions Code 11391 – For purposes of this article, the following definitions shall …
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.
Terms Used In California Welfare and Institutions Code 11391
- County: includes "city and county. See California Welfare and Institutions Code 14
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Spouse: includes "registered domestic partner" as required by §. See California Welfare and Institutions Code 12.2
(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 1903(6) of Title 25 of the United States Code.
(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 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. § 1901 et seq.).
(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 § 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. 2023, Ch. 43, Sec. 49. (AB 120) Effective July 10, 2023.)