Bill > S1166

Introduced Session

This bill allows a parent or legal custodian who has been separated from their child as a result of a federal immigration matter to appoint a standby guardian. Specifically, the bill amends P.L.1995, c.76 (C.3B:12-64 et seq.) to allow the parent or legal custodian to petition the court for the appointment of a standby guardian of a child or to allow the other parent or legal guardian to designate in writing a standby guardian, under specific circumstances, if the parent or custodian is subject to an administrative separation. Currently, a parent or legal custodian can petition the court for the appointment of a standby guardian, and the court may appoint the standby guardian, or another parent or custodian may designate in writing a standby guardian, if the triggering event requiring the appointment is death, incapacity, or debilitation and there is significant risk that the parent or custodian will die, become incapacitated, or become debilitated as a result of a progressive chronic condition or a fatal illness. As used in the bill, "administrative separation" means the separation of a parent or legal custodian from the parent's or legal custodian's child as a result of a federal immigration matter, including, but not limited to, arrest, detention, incarceration, or removal, or receipt of official communication by federal, State, or local authorities responsible for immigration enforcement which gives reasonable notice that the care and supervision of the parent's or legal custodian's child will be interrupted or cannot be provided as the result of the parent's or custodian's impending arrest, detention, incarceration, or removal. Under the provisions of the bill, the petition would state that the triggering event, an impending administrative separation, occurred to require the appointment of a standby guardian and that there is significant risk that the parent or legal custodian will be the subject of such separation. However, the parent or custodian would not be required to submit documentation of an impending administrative separation. If the court finds that that there is a significant risk that the parent or legal guardian will be subject to an administrative separation, a standby guardian would be appointed. Current law does not recognize an administrative separation as a triggering event for the appointment of a standby guardian and does not allow a parent or legal custodian to petition the court for the appointment of a standby guardian, and the court to appoint such a guardian, if there is significant risk that the parent or legal custodian will be the subject to an administrative separation. As required under current law for standby guardians who are appointed due to death, incapacity, or debilitation, the bill stipulates that: if the triggering event that causes the appointment of a standby guardian is an administrative separation, the parent's or legal custodian's attorney or legal representative would provide a copy of a determination of administrative separation to the appointed standby guardian, if the guardian's identity is known to the parent's or custodian's attorney or legal representative; and the appointed standby guardian is required to petition the court, including a determination of administrative separation, within 60 days of assuming guardianship duties for confirmation of the appointment. As used in the bill, "determination of administrative separation" means a written determination by federal, state, or local authorities responsible for immigration enforcement regarding the nature, cause, and extent of the parent's or legal guardian's arrest, detention, incarceration, or removal. As mandated by the current law for standby guardians who are appointed due to death, incapacity, or debilitation, the bill also stipulates that if the consent of a child's parent or legal custodian for the execution of a power of attorney delegating another person to exercise the parent's or legal custodian's powers is not appropriate or is unavailable pursuant to N.J.S.3B:12-39, the other parent or legal custodian may execute a written statement to designate a standby guardian in the event of the designator's administrative separation. The written designation would identify the designator, the minor child, and the standby guardian. If the parent or legal custodian has been arrested, detained, incarcerated, or removed from the State as a result of an administrative separation, another person may sign the written designation on the parent's or legal custodian's behalf.

AI Summary

Committee Categories

Raj Mukherji (D)*,  Britnee Timberlake (D)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 01/09/2024)

Official Document