How does one become a kinship legal guardian?
Beginning in January 2002, a person can file a complaint in Family Court to become the kinship legal guardian of a child who has resided in his/her home for at least the last 12 consecutive months. The complaint or petition must include a kinship caregiver assessment to be completed by one of the designated regional contract providers for the State or by the Division of Youth and Family Services (DYFS). Kinship caregivers should be aware that the Family Court will not accept petitions for filing without the completed assessment. DYFS will complete the assessment in open active litigation cases and in cases wherein the family has been involved with the Division within the last 12 months. The private regional contract providers will complete assessments in non-DYFS cases. The assessment will include a criminal history record background check, a domestic violence central registry check, and a child abuse registry check of the caregiver and any other adult residing in the caregivers home.
