Sponsored by:
Senator ROBERT W. SINGER
District 30 (Monmouth and Ocean)
Senator RENEE C. BURGESS
District 28 (Essex)
Co-Sponsored by:
Senator Durr
SYNOPSIS
Requires assignment of kinship guardian advocate upon petition of caregiver to be appointed kinship legal guardian.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning kinship legal guardianship and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Upon petition of a caregiver to be appointed as kinship legal guardian of a child pursuant to P.L.2001, c.250 (C.3B:12A-1 et al.), the Department of Children and Families shall assign a kinship guardian advocate to the caregiver to provide legal advocacy services throughout the kinship legal guardianship process.
b. A kinship guardian advocate shall:
(1) assist the caregiver in understanding their legal rights when petitioning the court to be appointed as a kinship legal guardian, and help the caregiver to understand and fully participate in the court process;
(2) inform the caregiver about their role in the court process and regularly provide updates to the caregiver as the petition for kinship legal guardianship progresses through the court;
(3) provide the caregiver with advice on how to advance the well-being of the child with whom the caregiver has a kinship relationship and represent the child’s best interests before the court when the caregiver petitions the court to be appointed the child’s kinship legal guardian;
(4) inform the caregiver and the child with whom the caregiver has a kinship relationship of the child’s legal rights when the caregiver petitions the court to be appointed as the child’s kinship legal guardian;
(5) inform the caregiver and the child with whom the caregiver has a kinship relationship of their right to legal counsel and representation as in actions under P.L.1974, c.119 (C.9:6-8.21 et seq.) and section 54 of P.L.1999, c.53 (C.30:4C-15.4), if appropriate;
(6) provide the caregiver with referrals for legal assistance providers, as necessary; and
(7) provide additional support services to the caregiver and the child including, but not limited to, referrals to the department’s kinship navigator program.
c. As used in this act, “kinship
guardian advocate” means an employee of a kinship agency, contracted with the
Department of Children and Families to provide support services through the
department’s kinship navigator program, assigned by the department to advocate
for a caregiver petitioning the court to be appointed a kinship legal guardian
and the child with whom the caregiver has a kinship relationship.
2. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Department of Children and Families shall adopt rules and regulations necessary to implement the provisions of this act.
3. This act shall take effect immediately
STATEMENT
This bill requires the Department of Children and Families (DCF), upon petition of a caregiver to be appointed as kinship legal guardian of a child pursuant to P.L.2001,c.250 (C.3B:12A-1 et al.), to appoint a kinship guardian advocate to the caregiver to provide legal advocacy services throughout the kinship legal guardianship process.
As defined in the bill, “kinship guardian advocate” means an employee of a kinship agency, contracted with the DCF to provide support services through the kinship navigator program, assigned by the DCF to advocate for a caregiver petitioning the court to be appointed a kinship legal guardian and the child with whom the caregiver has a kinship relationship.
Under the provisions of the bill, a kinship guardian advocate is to: (1) assist the caregiver in understanding their legal rights when petitioning the court to be appointed as a kinship legal guardian, and help the caregiver to understand and fully participate in the court process; (2) inform the caregiver about their role in the court process and regularly provide updates to the caregiver as the petition for kinship legal guardianship progresses through the court; (3) provide the caregiver with advice on how to advance the well-being of the child with whom the caregiver has a kinship relationship and represent the child’s best interests before the court when the caregiver petitions the court to be appointed the child’s kinship legal guardian; (4) inform the caregiver and the child with whom the caregiver has a kinship relationship of the child’s legal rights when the caregiver petitions the court to be appointed as the child’s kinship legal guardian; (5) inform the caregiver and the child with whom the caregiver has a kinship relationship of their rights to legal counsel and representation as in actions under P.L.1974, c.119 (C.9:6-8.21 et seq.) (child abuse and neglect actions) and section 54 of P.L.1999, c.53 (C.30:4C-15.4) (termination of parental rights actions), if appropriate; (6) provide the caregiver with referrals for legal assistance providers, as necessary; and (7) provide additional support services to the caregiver and the child including, but not limited to, referrals to the DCF’s kinship navigator program.