WeVote
Log In

Bill

Bill

A 1915

Provides for primary care investment

2025 Regular Session Introduced by Rodneyse Bichotte Hermelyn and 35 co-sponsors

Expands standby guardianship in NJ to allow expedited guardianship when a parent is ill, debilitated, or facing immigration enforcement, preserving parental rights.

PRINT NUMBER 1915B
0
WeVote Research Nonpartisan
Bill Summary · A 1915

Summary — Assembly Bill A1915 (Print No. 1915A)

Status: Introduced January 9, 2024; Print No. 1915A (Jan 22, 2025). Referred to Assembly Insurance Committee (Jan 14, 2025). Actions on Jan 22, 2025: amend and recommit to Insurance.

Note: Although the file header lists a different short title, the bill text amends New Jersey’s standby guardianship law (P.L.1995, c.76; C.3B:12-67 et seq.).

Main purpose

Expand and modernize the existing “standby guardianship” statute to allow parents or legal custodians to create expedited guardianship arrangements when they face (1) serious illness or debilitation, or (2) interruption of care resulting from immigration enforcement (defined as “administrative separation”), without terminating parental rights.

Key provisions and changes

  • Amends sections 2, 3 and 6 of P.L.1995, c.76 (C.3B:12-68; C.3B:12-69; C.3B:12-72).
  • Adds and defines new concepts:
    • “Administrative separation”: interruption of parental care due to immigration matters (arrest, detention, incarceration, removal, or official notice of impending action).
    • “Debilitation”: chronic, substantial inability to care for a child due to a physically debilitating illness, disease, or injury.
    • Expands definitions of “appointed standby guardian,” “designated standby guardian,” and “triggering event” to include debilitation and administrative separation (in addition to death or incapacity).
    • Defines “determination of administrative separation” (written determination by immigration enforcement authorities) and “determination of debilitation” (written opinion by attending physician).
  • Judicial appointment rules (section 6):
    • Court may appoint a standby guardian (and an alternate) on petition of parent, legal custodian, or designated standby guardian.
    • Petition must state which triggering event(s) will activate guardianship, and that there is significant risk of death, incapacity, debilitation, or administrative separation. Petitioners are not required to submit physician certification of terminal status or documentation of impending administrative separation.
    • Parent/legal custodian need not appear in court if unable to do so (except for good cause or court motion).
    • Court shall appoint a standby guardian if it finds significant risk of death/incapacity/debilitation/administrative separation and that the child's interests are promoted by the appointment.
    • Decree must specify the triggering event(s) that will activate the standby guardian’s authority.
  • Other existing statutory provisions (consent, witnesses, minor child exclusions such as DCPP placements) remain referenced and expanded where applicable.

Who is affected

  • Parents and legal custodians who are ill, debilitated, terminally ill, or facing immigration enforcement actions — particularly those who wish to arrange care without terminating parental rights.
  • Prospective standby guardians and alternates who may be appointed to assume care upon a triggering event.
  • Family and juvenile courts that will receive and adjudicate standby guardianship petitions.
  • Children who would have care continuity without foster placement or termination of parental rights.

Potential impact and considerations

  • Enables families (including immigrant families) to plan for temporary or long-term child care when a parent’s ability to provide care will be interrupted by detention, removal, serious illness, or debilitation.
  • May reduce emergency placement in state custody and preserve parental rights while ensuring child safety.
  • Increase in court filings for standby guardianship; courts will apply new definitions and determinations (e.g., accepting administrative determinations from immigration authorities or physician determinations of debilitation).
  • The bill lowers documentary burdens in petitions (no mandatory submitting of terminal-status medical proof or immigration-documents), which may expedite access but could raise evidentiary or verification questions for courts.

Sponsors and related legislation

Primary sponsor: Assembly Member Amy Paulin. Multiple cosponsors including Judy Griffin, Gabriella Romero, and others listed above. Companion/related bills: S1166, S1634; prior-session bills A8592, S6534, etc.

(Analysis based on introduced version; portions of the text supplied were truncated. Final enacted language may differ.)

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.