New Jersey Statutes 3B:12A-2. Definitions relative to kinship legal guardianship
Terms Used In New Jersey Statutes 3B:12A-2
- 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
“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 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.
L.2001, c.250, s.2; amended 2006, c.47, s.31; 2012, c.16, s.13; 2021, c.154, s.2.