3B :12A-2 Definitions relative to kinship legal guardianship.

3B :12A-2  Definitions relative to kinship legal guardianship.

   2.   As used in sections 1 through 6 of P.L.2001, c.250 (C.3B:12A-1 et seq.):

   "Caregiver" means a person over 18 years of age, other than a child's parent, who has a kinship relationship with the child and has been providing care and support for the child, while the child has been residing in the caregiver's home, for either the last 12 consecutive months or 15 of the last 22 months.  "Caregiver" includes a resource family parent as defined in section 1 of P.L.1962, c.136 (C.30:4C-26.4).

   "Child" means a person under 18 years of age, except as otherwise provided in P.L.2001, c.250 (C.3B:12A-1et al.).

   "Commissioner" means the Commissioner of Children and Families.

   "Court" means the Superior Court, Chancery Division, Family Part.

   "Department" means the Department of Children and Families.

   "Division" means the Division of Child Protection and Permanency in the Department of Children and Families. 

   "Family friend" means a person who is connected to a child or the child's parent by an established positive psychological or emotional relationship that is not a biological or legal relationship.

   "Home review" means the basic review of the information provided by the petitioner and a visit to the petitioner's home where the child will continue to reside, in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner.

   "Kinship caregiver assessment" means a written report prepared in accordance with the provisions of P.L.2001, c.250 (C.3B:12A-1 et al.) and pursuant to regulations adopted by the commissioner.

   "Kinship legal guardian" means a caregiver who is willing to assume care of a child due to parental incapacity, with the intent to raise the child to adulthood, and who is appointed the kinship legal guardian of the child by the court pursuant to P.L.2001, c.250 (C.3B:12A-1 et al.).  A kinship legal guardian shall be responsible for the care and protection of the child and for providing for the child's health, education and maintenance.

   "Kinship relationship" means a family friend or a person with a biological or legal relationship with the child.

   "Parental incapacity" means incapacity of such a serious nature as to demonstrate that the parent is unable, unavailable, or unwilling to perform the regular and expected functions of care and support of the child.

   L.2001, c.250, s.2; amended 2006, c.47, s.31; 2012, c.16, s.13.