KinGAP New York — Eligibility Requirements and Payment Rates

What KinGAP Is

The Kinship Guardianship Assistance Program is a permanent monthly subsidy for relatives who take legal guardianship of a child who was in foster care. It is not the same as the child-only cash grant, and it is not available to informal caregivers.

KinGAP is authorized under Social Services Law §§ 458-a through 458-h and funded through Title IV-E of the federal Social Security Act. In New York City, ACS administers it. Upstate, your county Department of Social Services handles the agreements under OCFS supervision.

The Four Requirements

KinGAP eligibility requires these statutory prerequisites:

1. You must be a certified kinship foster parent. You need full certification or approval as a foster parent through a voluntary authorized agency or your local social services district. Being an informal caregiver or having Article 6 custody does not qualify.

2. The child must have lived with you for at least six consecutive months while you were certified. Time spent caring for the child informally — before you were certified as a foster parent — does not count toward this clock. Neither does time under a direct Article 6 or Article 10 custody order without foster certification.

3. Return home and adoption must not be appropriate permanency options. The child welfare agency must determine that returning the child home or adoption is not appropriate.

4. You must be a qualifying relative. Eligible guardians include relatives by blood, marriage, or adoption. New York also extends eligibility to "fictive kin" — non-relatives who had a significant, positive pre-existing relationship with the child before the foster care placement.

The Timing Rule That Trips People Up

The KinGAP agreement must be fully executed — signed by both you and the social services official — before the court issues the order granting guardianship. If Family Court grants guardianship first and you sign the agreement afterward, KinGAP eligibility is permanently lost.

This is the single most common mistake, and it is irreversible. Make sure your caseworker and your attorney both understand the sequence.

How Much KinGAP Pays

Monthly payments are set at 75% to 100% of the applicable foster care boarding home rate. The rate is set within that range based on the applicable foster care boarding rate and the child's needs. Rates vary by:

• The child's age (older children receive higher rates)
• Clinical needs (basic, special, or exceptional care)
• Your county's foster care rate schedule

Payments adjust automatically when the child moves into an older age bracket.

KinGAP also reimburses non-recurring legal and administrative expenses — filing fees, court costs, attorney fees — up to $2,000 per child.

Health Coverage and Portability

Children enrolled in Title IV-E KinGAP receive automatic categorical Medicaid eligibility. KinGAP subsidies remain portable across state lines if you relocate.

Extended Assistance Until Age 21

KinGAP subsidies normally end at age 18. But they extend to 21 if:

• The original agreement took effect after the youth turned 16, or
• At age 18, the youth is completing secondary education, enrolled in post-secondary/vocational training, employed at least 80 hours per month, or unable to do any of the above due to a documented disability

Successor Guardians

KinGAP agreements allow you to designate a successor guardian. If you die or become permanently incapacitated, the subsidy transfers to the named successor after agency approval and court appointment. The child does not re-enter foster care.

If You Do Not Qualify for KinGAP

If you are caring for a child informally — without foster care certification — KinGAP is not available. But the child-only cash grant, SNAP, Medicaid, CCAP childcare subsidies, and the Empire State Child Credit are all accessible without foster care involvement.

The complete New York kinship benefits guide maps every program for every type of care arrangement — informal, court custody, or foster placement — so you know exactly which benefits apply to your situation.

See more New York guides →