Virginia KinGAP Eligibility — Kinship Guardianship Assistance Program Explained

Two Subsidy Programs, One Critical Requirement

Virginia operates two ongoing monthly payment programs for relatives who take legal custody of a child leaving foster care: the Title IV-E Kinship Guardianship Assistance Program (KinGAP) under Virginia Code § 63.2-1305, and the State-Funded Kinship Subsidy under § 63.2-1306 (implemented in February 2022 after SB 1328 passed in 2021).

Both programs share one non-negotiable prerequisite: the child must have been in the formal legal custody of a local department of social services — meaning foster care — before custody transfers to the relative. If you took the child in privately, through an informal family arrangement or even a court custody order obtained without DSS involvement, neither program applies to you. That does not mean you have no financial options (TANF child-only, SNAP, FAMIS, and other programs are available), but KinGAP and the state-funded subsidy are reserved for children exiting the foster care system into a relative's home.

KinGAP — Title IV-E

KinGAP payments are negotiated and can include enhanced maintenance in addition to the basic foster care rate. To qualify:

• The child must have lived in an approved relative foster home for at least six consecutive months
• The relative must be a fully approved foster parent
• Both the Family Assessment and Planning Team (FAPT) and the local DSS must have ruled out reunification with the biological parents and adoption as permanency goals
• The relative and DSS sign a formal KinGAP Agreement before the court transfers legal custody

The monthly payment is negotiated between the relative and the local department. It can include the basic foster care maintenance rate plus enhanced maintenance determined by the Virginia Enhanced Maintenance Assessment Tool (VEMAT), which accounts for any special behavioral, medical, or developmental needs the child has.

Children in KinGAP receive automatic Title IV-E Medicaid — no separate health coverage application required. Nonrecurring legal fees for the guardianship transfer can be reimbursed up to federal limits. And if the youth entered KinGAP after age 16, they may be eligible for Fostering Futures, which can extend support up to age 21 for young adults meeting education, vocational, or medical criteria.

A KinGAP agreement can also name a Successor Guardian. If you become incapacitated or pass away, custody and the subsidy payments transfer to the named successor after background clearances and a court appointment — the child does not have to re-enter foster care.

State-Funded Kinship Subsidy — § 63.2-1306

The state-funded subsidy has a lower bar for entry but pays less:

• The child must have been in LDSS foster care custody for at least 90 days (not the 6 months KinGAP requires)
• Return home and adoption do not need to be ruled out
• The relative does not need full foster parent approval — a background check and home study are required, but the full foster licensing process is waived
• The payment is the basic maintenance rate only. No VEMAT enhanced maintenance

There is no automatic Medicaid link. The guardian must apply independently for FAMIS or Medicaid through Cover Virginia. Payments end strictly at the child's 18th birthday with no Fostering Futures extension. Nonrecurring legal fees are not reimbursable under this program.

Both programs are funded through the Children's Services Act (CSA) pool, with KinGAP also drawing on Title IV-E federal funds.

What If the Child Was Never in Foster Care?

Most kinship caregivers in Virginia — the vast majority — are raising children informally without DSS foster care involvement. If that describes you, KinGAP and the state-funded subsidy are not available. But other substantial benefits are:

• TANF Child-Only Grant: Your income is excluded; only the child's income is counted. Apply through CommonHelp or your local DSS
• Relative Maintenance Support Payment (RMSP): A $200/month supplement per child, but only if the child was placed with you through active CPS involvement
• SNAP, FAMIS, WIC, childcare subsidies: All available without a foster care history

The Virginia kinship financial help guide maps every program to every type of caregiving arrangement — informal, power of attorney, court custody, and foster-to-kin — so you can see exactly what applies to your situation and how to apply.

The Difference Between KinGAP and Adoption Assistance

KinGAP transfers legal custody to the relative but does not terminate the biological parents' parental rights. The child exits foster care into a permanent legal guardianship. Adoption assistance (under Title IV-E adoption subsidies) involves termination of parental rights and a full adoption. The payment structures can be similar, but the legal relationship is fundamentally different. KinGAP was created specifically so that relatives could provide permanency without severing the child's legal connection to their birth parents.

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