CA Legal Guardianship and Legal Custody
Legal guardianship or legal custody does not replace the caretaker relative requirement. When a participant is a legal guardian or has legal custody of a child, but is not related to the child, the guardian does not meet specified relative eligibility requirements.
A nonrelative Legal Permanent Guardian(g) (LPG) can request benefits for a child when the LPG has been appointed Legal Permanent Guardian by any court, during one of the following:
A dependency hearing
A dependency proceeding
A child may be residing with and in the care of a parent or caretaker relative. The caretaker relative requirement is met, even when someone else has legal custody or legal guardianship of the child. This includes, but is not limited to, children who are either of the following:
Wards of the court
On juvenile probation
NOTE Refer these cases to the Department of Child Safety (DCS) when there is any sign the child is unsuitably living away from the legal guardian or custodian.
Refer unrelated custodians and guardians, needing benefits, to DCS for possible foster care payments. (See CA Foster Care)
When the child is in the custody of DCS, a Tribal Court or a Tribal Child Welfare Agency in Arizona and placed in the home of an unrelated foster care provider by DCS, a Tribal Court or a Tribal Child Welfare Agency in Arizona the caretaker relative requirement is met. (See DCS or Tribal Placement Provider(g))