Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator NICHOLAS P. SCUTARI
District 22 (Middlesex, Somerset and Union)
Co-Sponsored by:
Senator Durr
SYNOPSIS
Allows complaint for guardianship of minor receiving developmental disability services to be filed six months before minor reaches age 18.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning guardianship of a minor and amending P.L.1970, c.289.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1970, c.289 (C.30:4-165.7) is amended to read as follows:
1. a. The commissioner or any parent, spouse, relative, or interested party, on behalf of an alleged incapacitated person who is receiving functional or other services and is [over] 18 years of age or over, may file a complaint upon notice to the alleged incapacitated person with the Superior Court in the county furnishing the services or in which [such] the parent, spouse, relative, or interested party resides, for a judgment designating a guardian.
b. If the commissioner or any parent, relative, or interested party on behalf of a minor under the age of 18 who is receiving functional or other services anticipates that the minor may require a guardian upon attaining the age of 18, the commissioner, parent, relative, or interested party may file a complaint with the Superior Court in the county furnishing the services or in which the parent, relative, or interested party resides, for a judgment designating a guardian. The complaint may be filed up to 180 days prior to the date the minor attains the age of 18. Any judgment designating a guardian shall take effect no earlier than the date the minor attains the age of 18.
c. The county of settlement shall be served with a copy of the moving papers, however, the county may waive service of the moving papers if it has no reason to oppose the action. If the county elects to oppose the action it shall do so within 30 days after being served with a copy of the moving papers.
d. Unless filed by the commissioner, a complaint shall be served by the filing party upon the Division of Developmental Disabilities, to the attention of the Regional Director for the region in which the alleged incapacitated person is receiving functional or other services. The filing party shall likewise serve upon the Regional Director a copy of the Order Fixing Hearing Date and Appointing Attorney for Alleged Incapacitated Person, as well as a copy of any Judgment of Incapacity and Order Appointing Guardian.
(cf: P.L.2015, c.132, s.2)
2. This act shall take
effect on the first day of the fourth month following enactment.
STATEMENT
This bill allows a complaint for guardianship of certain minors with developmental disabilities to be filed six months before the minor attains the age of 18. The guardianship would take effect the day the minor turns 18.
Under current law, a parent or other appropriate person may file a complaint for guardianship of a child with developmental disabilities only after the child reaches age 18. However, if court proceedings are delayed and a guardian is not yet appointed by the time the child turns 18, there is a gap: the developmentally disabled person is left without the legal protections of a parent, other appropriate person, or appointed guardian, until such time as the guardian is actually appointed. The bill is intended to avoid this situation.
Under the bill, in the case of a minor under the age of 18 who is receiving services from the Division of Developmental Disabilities in the Department of Human Services, a complaint for guardianship may be filed up to 180 days prior to the date the minor attains the age of 18. Any judgment designating a guardian would take effect no earlier than the date the minor attains the age of 18.