The following is a comparison of adoption, legal guardianship with a relative and legal guardianship with a non-relative, and extended foster care for children.
NOTE: Reunification of the child/youth and family is optimum if it serves the best interest of the child/youth.
| Adoption | Kin-GAP (Legal Guardianship by Relatives) | Legal Guardianship by Non-Relatives* | Extended Foster Care | |
|---|---|---|---|---|
| Permanency Aspects | Child is legally part of the family with emotional and relational permanency. Child has financial rights as part of inheritance and benefits. Adoptive Parent has made commitment. | Child is under the care of the Legal Guardian w/o court supervision. Legal Guardian has assumed responsibility to make most decisions over child’s life, including the planning for child’s future. | Child is under the care of the Legal Guardian w/o court supervision. Legal Guardian has assumed responsibility to make most decisions over the child’s life, including planning for child’s future. | Any youth with a permanent plan of adoption or Legal Guardian/KinGap on or after their 16th birthday will be eligible for extended benefits if they meet criterion.
Youth may opt for extended Foster Care until 21 years. Non-minor dependent may opt for adult adoption on or after their 18th birthday*** |
| Base Rate | Adoption Assistance Program, negotiated based on a child’s needs, no higher than foster care rate. | Kin-GAP matches the state foster care rates. | Non-related legal guardian based on county of residence; San Francisco uses foster care rate. N/A outside of CA. | Foster Care / Adoption Assistance Program or KinGap benefits continue depending on plan. |
| Special Care Increments | Based on what Special Care Increments child would have received if remained in foster care. Check with Eligibility Worker | Matches Special Care Increments rate in last month of foster care, based on county of residence, rate locked in. | Yes, based on county of residence. | Yes, rate based on county of residence. |
| Clothing Allowance | No. | Yes or no, availability and rate based on county residence and reg. | Yes or no, availability and rate based on county of residence and reg. | Yes or no, availability and rate based on county of residence and reg. |
|
Foster Care Child Care ** |
No, once adoption is finalized. Adoptive parent can request childcare through their county network. In San Francisco through Childcare Eligibility List. | Yes, at this time. | Yes, at this time. | N/A |
| Independent Living Skills Program | Yes, if child was in foster care or Kin-Gap 16-18. | Yes, if child was in foster care or Kin-GAP 16-18. | Yes, if child was in foster care 16-18. | Yes. |
| THP+ Supportive Housing | Generally no, youth needs to have emancipated from foster care and be 18-24. | Generally no, youth needs to have emancipated from foster care and be 18-24. | Generally no, youth needs to have emancipated from foster care and be 18-24. | Yes for youth under extended foster care. |
| Chafee Foster Care Independence Program | Yes, if youth was in foster care age 16-18**** | Yes, if youth was in foster care age 16-18. | Yes, if youth was in foster care age 16-18. | Yes. |
| Additional Services | Yes, including Adoption Assistance Program social worker, referral and resources, Wraparound support services, residential treatment. | Kinship Services through contracted agency; Wraparound support services may be available post KinGap; mental health | Depends on county of residence; Ongoing basic case management depending on county; Wraparound support services; mental health | Ongoing case management. |
San Francisco Foster Care 5/16