Monday, June 22, 2015

NJSA 3B:12A-5 Appointment as kinship legal guardian; contents of petition.

3B:12A-5 Appointment as kinship legal guardian; contents of petition.

5. 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 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.

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