SENATE, No. 4241

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED MARCH 3, 2025

Sponsored by:

Senator  ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

     Clarifies power of court to limit restrictions by guardian concerning visitation of ward by family and interested parties; directs 10 day return to court on matters concerning visitation in some instances.

CURRENT VERSION OF TEXT

     As introduced.

An Act concerning visitation in certain guardianship cases and supplementing chapter 12 of Title 3B of the New Jersey Statutes.

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.  Where an order to show cause includes an application for the visitation of a family member or other interested party, the court shall set the date on which the order to show cause is heard and for which a temporary order will be issued no more than ten days from the date of the signing of the order.  Upon such application for visitation, there shall be a rebuttable presumption in favor of visitation.  Visitation shall only be denied upon clear and convincing evidence that it is not in the best interest of the incapacitated person, such determination shall be on the record, or by written decision.  It shall further be within the court's discretion to provide any limitations deemed appropriate, including but not limited to, supervised visitation. 

     2.  This act shall take effect immediately.

STATEMENT

     This bill clarifies the authority of the court in guardianship matters where an application for visitation of the incapacitated individual is before the court.  The court, in guardianship matters, pursuant to its parens patriae authority, has broad powers and discretion in the oversight of incompetency matters, including the power to limit the authority conferred upon an appointed guardian. 

     Under the bill, where an application has been made to the court to obtain family or other interested party visitation rights, the court is directed to set the date on which the order to show cause is heard and for which a temporary order will be issued no more than ten days from the date of the signing of the order.  The bill establishes a rebuttable presumption in favor of visitation and provides that visitation should only be denied upon clear and convincing evidence that it is not in the best interest of the incapacitated individual, such determination by the court to be on the record, or by written decision.  The court retains the discretion to provide any limitations the court deems appropriate, including but not limited to, supervised visitation.