New Jersey Administrative Code
Title 3A - CHILDREN AND FAMILIES
Chapter 20 - LEGAL GUARDIANSHIP
Subchapter 3 - DIVISION RESPONSIBILITIES UNDER THE LAW
Section 3A:20-3.6 - Factors to consider regarding motions to vacate kinship legal guardianship orders

Universal Citation: NJ Admin Code 3A:20-3.6

Current through Register Vol. 56, No. 6, March 18, 2024

(a) The Division shall consider the following factors related to the child's safety when determining whether to take a position on a motion to vacate a kinship legal guardianship order:

1. The child's age;

2. The duration of the Division's involvement with the child, prior to the granting of kinship legal guardianship;

3. The total length of time the child was in out-of-home placement;

4. The length of time the child has lived with the guardian, prior to and after the granting of kinship legal guardianship;

5. When kinship legal guardianship was granted;

6. What the original harm or risk of harm to the child was;

7. The parent's present fitness to care for the child;

8. Any subsequent allegations of abuse or neglect received by the Division and their findings; and

9. What plan is proposed for the child if the guardianship is vacated.

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