Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Requires DCF or court to consider placement of children with relatives or kinship guardians when making placement decision; makes changes to certain standards for initiating petitions to terminate parental rights.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning child protective services and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2001, c.250 (C.3B:12A-2) is amended to read as follows:
As used in sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.):
Caregiver means a person over 18 years of age, other than a child s parent, who has a kinship relationship with the child and has been providing care and support for the child, while the child has been residing in the caregiver s home, for either the last [12 consecutive months or 15 of the last 22] six consecutive months or nine of the last 15 months. Caregiver includes a resource family parent as defined in section 1 of P.L.1962, c.136 (C.30:4C-26.4).
Child means a person under 18 years of age, except as otherwise provided in P.L.2001, c.250 (C.3B:12A-1 et al.).
Commissioner means the Commissioner of Children and Families.
Court means the Superior Court, Chancery Division, Family Part.
Department means the Department of Children and Families.
Division means the Division of Child Protection and Permanency in the Department of Children and Families.
Family friend means a person who is connected to a child or the child s parent by an established positive psychological or emotional relationship that is not a biological or legal relationship.
Home review means the basic review of the information provided by the petitioner and a visit to the petitioner s home where the child will continue to reside, in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner.
Kinship caregiver assessment means a written report prepared in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner.
Kinship legal guardian means a caregiver who is willing to assume care of a child due to parental incapacity, with the intent to raise the child to adulthood, and who is appointed the kinship legal guardian of the child by the court pursuant to P.L.2001, c.250 (C.3B:12A-1 et al.). A kinship legal guardian shall be responsible for the care and protection of the child and for providing for the child s health, education and maintenance.
Kinship relationship means a
family friend or a person with a
biological or legal relationship with the child.
Parental incapacity means incapacity of such a serious nature as to demonstrate that the parent is unable, unavailable, or unwilling to perform the regular and expected functions of care and support of the child.
(cf: P.L.2006; 2012, c.16, s.13)
2. Section 5 of P.L.2001, c.250 (C.3B:12A-5) is amended to read as follows:
a. Upon petition of a caregiver, the court may appoint the caregiver as kinship legal guardian of a child residing in the caregiver s home pursuant to the provisions of P.L. 2001, c. 250 (C. 3B:12A-1 et al.).
b. A petition for the appointment of a kinship legal guardian shall include a kinship caregiver assessment, which shall contain:
(1) the full name and address of the person seeking to become the kinship legal guardian;
(2) the circumstances of the kinship relationship;
(3) the whereabouts of the child s parents, if known;
(4) the nature of the parents incapacitation, if known;
(5) the wishes of the parents, if known;
(6) the ability of the kinship caregiver family to assume permanent care of the child;
(7) the child s property and assets, if known;
(8) the wishes of the child, if appropriate;
(9) any current involvement of a child with the division if the child has an open division case and is actively receiving services;
(10) certification from the caregiver that the caregiver has been providing care and support for the child, while the child has been residing in the caregiver s home, for at least the last [12 consecutive] six consecutive months or nine of the last 15 months;
(11) the results from a criminal history record background check and a domestic violence central registry check of the caregiver and any adult residing in the caregiver s household conducted pursuant to section 9 of P.L. 2001, c. 250 (C. 30:4C-86);
(12) the results from a child abuse record check arranged for and coordinated by the division pursuant to section 9 of P.L. 2001, c. 250 (C. 30:4C-86); and
(13) the results of the caregiver s home review.
(cf: P.L.2001, c.250, s.5)
3. Section 6 of P.L.2001, c.250 (C.3B:12A-6) is amended to read as follows:
6. a. In making its determination about whether to appoint the caregiver as kinship legal guardian, the court shall consider:
(1) if proper notice was provided to the child s parents;
(2) the best interests of the child;
(3) the kinship caregiver assessment;
(4) in cases in which the division is involved with the child as provided in subsection a. of section 8 of P.L.2001, c.250 (C.30:4C-85), the recommendation of the division, including any parenting time or visitation restrictions;
(5) the potential kinship legal guardian s ability to provide a safe and permanent home for the child;
(6) the wishes of the child s parents, if known to the court;
(7) the wishes of the child if the child is 12 years of age or older,