New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1166

Introduced
1/9/24  

Caption

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

Impact

This bill addresses a significant gap in the law where current statutes do not recognize administrative separation as a trigger for appointing a standby guardian. Under the new provisions, a parent facing an impending administrative separation can designate a standby guardian, thus allowing them to make arrangements for their child's care. This legislation is poised to impact numerous families across New Jersey, particularly those affected by immigration enforcement actions, providing them with options for child custody planning under difficult circumstances.

Summary

Senate Bill S1166 allows parents or legal custodians who are separated from their children due to immigration issues to appoint standby guardians. This legislation amends existing guardianship laws, specifically P.L.1995, c.76, to create provisions for guardianship in light of administrative separations caused by federal immigration matters. The aim is to provide a legal framework that allows custodial parents facing arrest, detention, or deportation to ensure the safety and care of their children without completely terminating their parental rights.

Contention

While the bill is seen as a necessary step for protecting families affected by immigration issues, it may also face opposition based on concerns around the implications of immigration policies. Critics may argue that it could inadvertently support or legitimize actions that lead to family separations. Additionally, there may be concerns regarding the adequacy of protections for the rights of parents or the welfare of children placed under standby guardianship, especially regarding oversight and the potential for exploitation of the rules by individuals looking to gain custody for non-altruistic reasons.

Companion Bills

NJ A1915

Same As Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

NJ A2350

Carry Over Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

Previously Filed As

NJ A1915

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

NJ A2350

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

NJ S0095

An act relating to standby guardianships for children whose parents have been subject to adverse immigration actions

NJ SB00427

An Act Concerning Children In The Juvenile Justice System And Guardianship Appointment.

NJ AB1378

Standby guardianship of minors.

NJ HB06442

An Act Concerning The Appointment Of Counsel And Guardians Ad Litem In Child Protection Matters, And The Appointment Of Permanent Legal Guardians.

NJ AB829

Foster children: immigration counsel and guardianship.

NJ SB206

Guardianship; creating the Oklahoma Standby Guardianship Act. Effective date.

NJ HB2505

Termination of parental rights; abused, etc., children or children without parental care, appeals.

NJ HB2492

Guardianship; court appointments; care placement

Similar Bills

NJ A2350

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

NJ A1915

Allows parents or legal custodians separated from their children because of immigration matters to appoint standby guardians.

IL HB1823

COURT REVIEW-PERMANENCY HEARNG

IL SB0031

COURT REVIEW-PERMANENCY HEARNG

AZ HB2361

DCS; removal of children

NH HB553

Relative to the definition of abuse and neglect and conditions triggering a rebuttable presumption of harm in abuse and neglect cases.

IN SB0399

Parental consent for abortion.

IL SB3251

JUV CT-WARDSHIP PETITION-ORDER