N.J. Admin. Code § 3A:20-3.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 3A:20-3.3 - Kinship caregiver assessment done by the Division

(a) The Division shall provide the court with a kinship caregiver assessment pursuant to the Kinship Legal Guardianship Act at N.J.S.A. 30:4C-85, when a relative is seeking kinship legal guardianship for a child:

1. Who was removed from the child's home by a Division representative at least 12 months prior to the date the kinship caregiver assessment is requested;

2. Who has an open or currently active case with the Division and where legal representation is being provided by the Office of the Public Defender either through its Law Guardian Program or Parental Representation Unit; or

3. Who has an otherwise open or currently active case with the Division or, if the child is being placed with a successor guardian, who previously had an open case with the Division that was closed upon placement with a kinship caregiver now deceased or incapacitated.

(b) The Division representative shall complete a kinship caregiver assessment and assist a relative with an open or currently active case with the Division to petition the court for kinship legal guardianship when:

1. No Division representative placed the child with the relative; and

2. The Division representative determines that the child cannot be returned to his or her parent and that adoption is neither likely nor feasible.

(c) The provisions of (a) and (b) above shall not apply when the Division is actively investigating a child protective service referral.

(d) A Division representative shall conduct the kinship caregiver assessment at no cost to the relative seeking kinship legal guardianship.

N.J. Admin. Code § 3A:20-3.3

Amended by R.2008 d.364, effective 12/1/2008.
See: 40 N.J.R. 3567(a), 40 N.J.R. 6808(a).
In (a)1, substituted "at least" for "within".
Amended by R.2016 d.046, effective 5/16/2016.
See: 47 N.J.R. 3094(a), 48 N.J.R. 103(a), 48 N.J.R. 803(a).
In (a)3, inserted "or, if the child is being placed with a successor guardian, who previously had an open case with the Division that was closed upon placement with a kinship caregiver now deceased or incapacitated".