New Jersey Statutes 3B:12A-5. Appointment as kinship legal guardian; contents of petition
Terms Used In New Jersey Statutes 3B:12A-5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Child: means any individual, including a natural or adopted child, entitled to take by intestate succession from the parent whose relationship is involved and excludes any individual who is only a stepchild, a resource family child, a grandchild or any more remote descendant. See New Jersey Statutes 3B:1-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of the person or estate of a minor or incapacitated individual pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See New Jersey Statutes 3B:1-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
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 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.
L.2001,c.250,s.5; amended 2021, c.154, s.3.