New Jersey § 3b:12a-4
Full text of New Jersey New Jersey Statutes § 3b:12a-4, with citation guidance and answers to common questions.
§ 3b:12a-4.
a. (1) Except as provided in paragraph (2) of this subsection, a kinship legal guardian
shall have the same rights, responsibilities and authority relating to the child as
a birth parent, including, but not limited to: making decisions concerning the child's
care and well-being; consenting to routine and emergency medical and mental health
needs; arranging and consenting to educational plans for the child; applying for
financial assistance and social services for which the child is eligible; applying
for a motor vehicle operator's license; applying for admission to college; responsibility
for activities necessary to ensure the child's safety, permanency and well-being;
and ensuring the maintenance and protection of the child. (2) A kinship legal guardian may not consent to the adoption of the child or a name
change for the child. The birth parent of the child shall retain the authority to consent to the adoption
of the child or a name change for the child. (3) The birth parent of the child shall retain the obligation to pay child support. (4) The birth parent of the child shall retain the right to visitation or parenting
time with the child, as determined by the court. (5) The appointment of a kinship legal guardian does not limit or terminate any rights
or benefits derived from the child's parents, including, but not limited to, those
relating to inheritance or eligibility for benefits or insurance. (6) Kinship legal guardianship terminates when the child reaches 18 years of age or
when the child is no longer continuously enrolled in a secondary education program,
whichever event occurs later, or when kinship legal guardianship is otherwise terminated. b. There shall be no filing fee charged for kinship legal guardianship complaints
or motions in the court. c. For the purposes of P.L.2001, c. 250 ( C.3B:12A-1 et al.), a kinship legal guardian shall have the same meaning as the term “legal
guardian” as defined in 42 U.S.C. s. 675 , except that the process, procedure and ruling for kinship legal guardianship shall
be apart from, and shall not amend, supplant or contravene, the provisions of Chapter
12 of Title 3B of the New Jersey Statutes. d. (1) The provisions of P.L.2001, c. 250 ( C.3B:12A-1 et al.) shall not be construed to grant or confer upon any person appointed kinship
legal guardian of a child any of the additional rights or privileges accorded to persons
appointed guardian of a minor's person or estate by a Surrogate or the Superior Court,
Chancery Division, Probate Part pursuant to the provisions of Chapter 12 of Title
3B of the New Jersey Statutes. (2) The provisions of P.L.2001, c. 250 ( C.3B:12A-1 et al.) shall not be construed to preclude an application to the court for guardianship
of the person or estate of a minor by any person appointed kinship legal guardian
of a child.
Frequently Asked Questions About New Jersey § 3b:12a-4
What does New Jersey Statutes § 3b:12a-4 cover?
Section 3b:12a-4 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 3b:12a-4?
A common citation format is "New Jersey Statutes § 3b:12a-4" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 3b:12a-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.