Clarifies law of emergency parental delegation of care of children and provides additional method to delegate care.

S4532

SENATE, No. 4532

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 26, 2026

Sponsored by:

Senator� NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

Senator� M. TERESA RUIZ

District 29 (Essex and Hudson)

SYNOPSIS

���� Clarifies law of emergency parental delegation of
care of children and provides additional method to delegate care.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning emergency parental delegation of care of
children, and amending N.J.S.3B:12-39.

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

���� 1. N.J.S.3B:12-39 is amended
to read as follows:

���� 3B:12-39. Delegation of
parent�s, custodian�s, or guardian�s powers regarding child�s or minor ward�s
care, custody or property; limitations.

���� a.���� A parent, other than
where sole or full legal and physical custody of the parent�s minor child has
been awarded to another by a court of competent jurisdiction, with the consent
of the other parent, unless the other parent is deceased, incapacitated, or unavailable,
or a custodian of a minor child who is not that child�s parent, with the
consent of a parent with whom the custodian shares legal custody, unless that
parent is deceased, incapacitated, or unavailable, or a guardian of a minor
child or a minor ward may:

����
(1)
by a properly
executed power of attorney, delegate to another person any of the parent�s,
custodian�s, or guardian�s powers regarding care, custody, or property of the
minor child or minor ward
. �For purposes of this section, proper execution shall
not require notarization, and may be made outside this State so long as the
child resides in this State or this State has initial or continuing
jurisdiction pursuant to sections 13 or 14 of P.L.2004, c.147 (C.2A:34-65 or
C.2A:34-66); or

����
(2) if a power of attorney
pursuant to paragraph (1) of this subsection has not been made but an event
which may otherwise be deemed to be an activating event has occurred, by
authorizing an attorney-at-law to designate, on behalf of the parent,
custodian, or guardian, a person to be delegated authority upon signing an
attorney attestation in a form that substantially complies with subsection i.
of this section.� The attorney must be licensed to practice law in this State
and in good standing, must have a bona fide attorney-client relationship with
the parent, custodian, or guardian, and must have obtained the knowing and
voluntary consent of the parent, custodian, or guardian.� A copy of the
attorney attestation in the delegated person�s possession shall constitute
prima facie evidence of the person�s authority pursuant to this section
.

���� b.��� A delegation made under
this section shall: (1) expire one year from
the making of the attorney
attestation or
the effective date of the properly executed power of
attorney, provided, however, that the parent, custodian, or guardian shall be
permitted to renew the delegation for additional one-year periods using the
same process as applies to the original delegation, and may be extended for an
additional six months in exigent circumstances; and

���� (2)�� may become effective
upon
the making of the attorney attestation, upon
proper execution of
the power of attorney
,
or upon another activating event specified in a
properly executed power of attorney.

���� c.���� A parent, custodian, or
guardian may revoke a delegation made under this section by notifying
, as
applicable, the delegated person named in the attorney attestation or
the
attorney-in-fact named in the power of attorney orally, in writing, or by any
other act evidencing a specific intent to revoke the
[
power of attorney
]

delegation
.

���� d.��� A parent, custodian, or
guardian may delegate under this section only such powers as the parent,
custodian, or guardian possesses.

���� e.���� A delegation made under
this section shall not deprive the parent, custodian, or guardian of the
parent�s, custodian�s, or guardian�s existing powers regarding care, custody,
or property of the minor child or minor ward, but the parent, custodian, or guardian
shall exercise such powers, insofar as the parent, custodian, or guardian is
able, concurrently with
the delegated person named in the attorney
attestation or
the attorney-in-fact named in the power of attorney.� In the
event of a disagreement between a parent, custodian, or guardian and
the
delegated person or
the attorney-in-fact regarding the care, custody, or
property of the minor child or minor ward, the decision of the parent,
custodian, or guardian shall control.

���� f.����
(1)
Nothing in
this section shall be construed to involuntarily deprive any parent of parental
rights.

����
(2) Any person who acts in
good faith reliance on a delegation made pursuant to this section, without
actual knowledge of the invalidity, expiration, or revocation of the
delegation, shall be immune from civil and criminal liability, and shall not be
subject to professional disciplinary action, for acting in such reliance.� A
person acting in good faith reliance shall not be required to make any further
inquiry or investigation concerning the validity of the delegation.� Nothing in
this paragraph shall relieve any person from liability for violations of any
other provision of law.

����
(3) An attorney making an
attestation pursuant to paragraph (2) of subsection a. and subsection i. of
this section, and who acts in good faith in accordance with the requirements of
this section, the Rules of Court, and the Rules of Professional Conduct, as
applicable, shall be immune from civil and criminal liability, and shall not be
subject to professional disciplinary action, for making an attorney attestation
pursuant to this section.� Except as necessary to notify the person being
delegated authority of their designation and transmit a copy of the attorney
attestation to such person, an attorney acting pursuant to this section shall
not be deemed to have assumed any responsibility or liability for the care and
custody of the child who is the subject of the attestation.� Nothing in this
paragraph shall relieve the attorney from liability for violations of any other
provision of law.

���� g.��� As used in this section:

���� �Activating event� means an
event stated in the delegation that empowers the attorney-in-fact to assume the
duties of the office.� Activating events include, but are not limited to: the
execution of a power of attorney pursuant to this section; the parent�s,
custodian�s, or guardian�s attending physician concludes that the parent,
custodian, or guardian is incapacitated; the parent�s, custodian�s, or
guardian�s attending physician concludes that the parent, custodian, or
guardian is debilitated; the parent, custodian, or guardian is subject to
immigration administrative action; the parent, custodian, or guardian is
subject to criminal proceedings; the parent, custodian, or guardian is in
military service; or the death of the parent, custodian, or guardian in
circumstances in which no testamentary guardianship or other more permanent
care arrangement has been made for the minor child or minor ward, provided,
however, that in no case shall a power of attorney activated by the death of a
parent, guardian, or custodian extend beyond the year that the power of
attorney is in effect.

���� �Attending physician� means
the physician who has primary responsibility for the treatment and care for the
parent, custodian, or guardian making the delegation.� When more than one
physician shares this responsibility, or when a physician is acting on the
primary physician�s behalf, any such physician may act as the attending
physician pursuant to this section.� When no physician has this responsibility,
a physician who is familiar with the parent�s, custodian�s, or legal guardian�s
medical condition may act as the attending physician.

���� �Attorney-in-fact� means the
person to whom a parent, custodian, or guardian delegates powers under a
properly executed power of attorney pursuant to this section.

���� �Consent� means written
consent of a non-delegating parent as evidenced by that person�s signature on
the power of attorney, in the presence of two witnesses.

���� �Criminal proceeding� means
any incarceration on criminal charges, including pending charges, or a criminal
sentence that separates a parent, custodian, or guardian from a minor child or
minor ward.

���� �Custodian� means a person,
other than a parent, who has been granted legal and physical custody of a minor
child by a court of competent jurisdiction.

���� �Debilitated�
or
�debilitation�
means the parent, custodian, or guardian has a chronic and
substantial inability, as a result of a physically debilitating illness,
disease, or injury, to care for the parent�s, custodian�s, or guardian�s minor
child or minor ward.

���� �Exigent circumstances� means
circumstances that render the parent, custodian, or guardian who makes a
delegation unable to execute a renewal of the delegation for reasons including,
but not limited to, that the parent, custodian, or guardian is debilitated or
incapacitated, and that would cause imminent harm or threatened harm to the
well-being of the parent�s, custodian�s, or guardian�s minor child or minor
ward without such renewal.

���� �Guardian� means a person who
has qualified as a guardian of the person of a minor pursuant to court
appointment, including, but not limited to, a kinship legal guardian, but does
not mean a person who is serving only as a guardian ad litem.

���� �Immigration administrative
action� means any immigration proceeding, enforcement action, detention,
removal, or deportation that separates a parent, custodian, or guardian from a
minor child or minor ward.

���� �Incapacitated� means the
parent, custodian, or guardian is impaired by reason of mental illness,
intellectual disability, physical illness or disability, substance use
disorder, or other cause, except minority, to the extent that the person lacks
sufficient capacity to manage the affairs of and provide care for the parent�s,
custodian�s, or guardian�s minor child or minor ward, and a consequent
inability to make these decisions.

���� �Military service� means duty
by any person in the active military service of the United States or the active
military service of the State, including in the National Guard or State Guard,
that separates a parent, custodian, or guardian from a minor child or minor
ward.

���� �Minor child� means a child
under the age of 18 years but excludes a child residing in a placement funded
or approved by the Division of Child Protection and Permanency in the
Department of Children and Families pursuant to either a voluntary placement agreement
or court order.

���� �Minor ward� means a minor
child for whom a guardian is appointed.

���� �Parent� means the biological
or adoptive parent of a minor child.

���� �Unavailable� means: a parent
who has not been involved in raising or financially supporting the child for
two years or a third of the life of the child, whichever is less, immediately
preceding the delegation made pursuant to this section; a parent whose identity
or whereabouts are unknown; or a parent who cannot be reached after diligent
efforts.

���� h.��� A delegation made under
paragraph
(1) of subsection a. of
this section may, but need not, be in the following
form:

POWER OF ATTORNEY AND DELEGATION OF
AUTHORITY

BY PARENT, CUSTODIAN, OR GUARDIAN
CONCERNING MINOR CHILD(REN) OR MINOR WARD(S) PURSUANT TO N.J.S. 3B:12-39

���� This power of attorney is made
between (name(s), of parent(s), custodian(s), or guardian(s)), residing at
(address(es) of parent(s), custodian(s), or guardian(s)) and reachable at
(telephone number(s) of parent(s), custodian(s), or guardian(s)) and (name of
alternative caregiver), referred to here as �attorney-in-fact,� residing at
(home address of alternative caregiver) and reachable at (telephone number of
alternative caregiver).

If a parent is signing, the other
parent must generally also sign below to show consent.� Similarly, if a
custodian who shares legal custody with a parent is signing, the parent who
shares legal custody must generally also sign below to show consent.� If such
parent does not sign below, please check off reason(s) to explain why:

___Such parent is deceased.

___By order of a court of competent
jurisdiction, such parent retains neither legal nor physical custody of
child(ren).

___Such parent is mentally or
physically unable to give consent.

___Such parent has not been
involved in raising or financially supporting child(ren) for two years or a
third of the life of the child(ren), whichever is less, immediately preceding
the date of the latest signature below.

___Identity or whereabouts of such
parent are unknown to me.

___Despite diligent efforts
described below, I was unable to reach such parent.

Diligent efforts included:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Other:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I/we appoint said attorney-in-fact,
pursuant to N.J.S.3B:12-39, and delegate to said attorney-in-fact the following
powers, all of which I/we possess, concerning the care, custody, and/or
property of my/our minor child/minor ward, (name of minor child/minor ward),
born on _____ day of ______, 20___ (add other minor children�s or minor wards�
names and birthdates as appropriate)

___Care-Giving. The
attorney-in-fact shall have temporary care-giving authority for the minor
child(ren)/minor ward(s), until such time as the minor child(ren)/minor ward(s)
is/are returned to my/our physical custody, or his/her/their custody status is
altered by a federal, state, or local agency; or changed by a court of law.

___Well-Being. The attorney-in-fact
shall have the power to provide for the physical and mental well-being of the
minor child(ren)/minor ward(s), including, but not limited to, providing food
and shelter.

___Education. The attorney-in-fact
shall have the authority to enroll the minor child(ren)/minor ward(s) in the
appropriate educational institutions; obtain access to his/her/their school
records; authorize his/her/their participation in school activities; and make
any and all decisions related to his/her/their education, including, but not
limited to, those related to special education.

___Health Care. The
attorney-in-fact shall have the authority, to the same extent that a
parent/custodian/guardian would have the authority, to make medical, dental,
and mental health decisions; to sign documents, waivers, and releases required
by a hospital or physician; to access medical, dental, or mental health records
concerning the minor child(ren)/minor ward(s); to authorize the minor
child(ren)�/ minor ward(s)� admission to or discharge from any hospital or
medical care facility; to consult with any health care provider; to consent to
the provision, withholding, modification, or withdrawal of any health care
procedure; and to make other decisions related to the health care needs of the
minor child(ren)/minor ward(s).

____Travel. The attorney-in-fact
shall have the authority to make travel arrangements on behalf of the minor
child(ren)/ minor ward(s) for destinations both inside and outside of the
United States by air and/or ground transportation; to accompany the minor
child(ren)/minor ward(s) on any such trips; and to make any and all related
arrangements on behalf of the minor child(ren)/minor ward(s), including, but
not limited to, hotel accommodations.

____Financial Interests. The
attorney-in-fact may handle any and all financial affairs and any and all
personal and legal matters concerning the minor child(ren)/minor ward(s).

____All Other Powers. The
attorney-in-fact shall have the authority to handle and engage in any and all
other matters relating to the care, custody, and property of the minor
child(ren)/minor ward(s) which are permitted pursuant to applicable State law.

���� By this delegation, I/we
provide that the attorney-in-fact�s authority shall take effect upon the
following �activating event(s)� (check all that apply):

___The execution of this document
on the latest date below; or

___My attending physician concludes
that I am incapacitated, and thus unable to care for my minor child(ren)/minor
ward(s); or

___My attending physician concludes
that I am physically debilitated, and thus unable to care for my minor
child(ren)/minor ward(s); or

___I am detained in immigration
detention, removed, or deported; or

___I am incarcerated based on
criminal charges, including pending charges, or conviction; or

___I am deployed in military
service; or

___Upon my death, if I have made no
more permanent care arrangements for my minor child or minor ward; or

___Other (specify reason).

In the event that the person
designated above is unable or unwilling to act as attorney-in-fact to my minor
child(ren)/minor ward(s), I hereby name (name, address, and telephone number of
alternate attorney-in-fact), as alternate attorney-in-fact of my minor
child(ren)/minor ward(s).

I/we understand that this
delegation will expire one year from the execution of this document on the
latest date below, and that the authority of the attorney-in-fact, if any, will
cease, unless by that date (i) I renew this delegation, by the same process
applicable to the original delegation; (ii) a court of competent jurisdiction
appoints a custodian, guardian, or standby guardian for the minor
child(ren)/minor ward(s); or (iii) exigent circumstances make it impossible for
me to renew this delegation, and I have not made alternative care arrangements
for my minor child(ren)/minor ward(s).

I/we hereby authorize that the
attorney-in-fact as set forth above shall be provided with a copy of my/our
attending physician�s statement(s), if applicable.

In the event that an activating
event occurs and a power of attorney is activated pursuant to this statement, I
declare that it is my intention to retain full parental rights to the extent
consistent with my condition and circumstances and, further, that I retain the
authority to revoke the power of attorney consistent with my rights herein at
any time.

Parent�s/Custodian�s/Guardian�s
Signature:

Date:

Signature of other parent or of
parent who shares legal custody with a custodian who signed above:

Date:

Witness�s Signature:

Address:

Date:

Witness�s Signature:

Address:

Date:

����
i. An attorney attestation
made pursuant to paragraph (2) of subsection a. of this section shall
substantially be in the following form:

ATTORNEY ATTESTATION OF
DELEGATION OF PARENTAL AUTHORITY PURSUANT TO N.J.S.3B:12-39(a)(2)

I, ___________________________,
Esq., of full age, being duly sworn according to law, certify and say:

����
1. I am an attorney
licensed to practice law in the State of New Jersey and I am in good standing.

����
2. I have knowledge of the
child who is the subject of this delegation and attest that the child resides
in the State of New Jersey, or New Jersey would have initial or continuing
jurisdiction over the child pursuant to N.J.S.A.2A:34-65 or N.J.S.A.2A:34-66.

����
3. I represent the parent,
custodian, or guardian of the child, and an �activating event� as described in N.J.S.3B:12-39
has occurred to the parent, custodian, or guardian, but the parent, custodian,
or guardian was unable to make a delegation of parental authority in advance.

����
4. The child and the
child�s parent, custodian, or guardian are:

����
Child�s name:

����
Child�s date of birth:

����
Names of child�s
parents/custodians/guardians:

����
5. Due to the
unavailability of the parent, custodian, or guardian to care for the child, the
parent, custodian, or guardian has authorized me to designate the following
person to be delegated parental authority, effective as of the date below:

����
Name of delegated person:

����
Delegated person�s home
address:

����
Delegated person�s
telephone number:

����
6. The parent, custodian,
or guardian has provided the following specific terms that the delegated person
will be required to follow:

_____________________________________________________________________________________________________________________________________________________________________

����
7. I further attest that
the parent, custodian, or guardian:

����
(a) knowingly and
voluntarily consented to the creation and terms of this delegation;

����
(b) understands that this
delegation will expire one year from the date below unless renewed by a
subsequent attorney attestation; and

����
(c) understands that this
delegation shall in no way be construed to relinquish any parental rights.

I certify that the foregoing
statements made by me are true.� I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment.

_____________________
_���������������
_________________________

Dated
�������������������������������������������������
Signature
of Attorney

____________________
__���������������
_________________________

NJ Attorney ID Number
�������������������
Printed
Name of Attorney

(cf: P.L.2023, c.177, s.15)

���� 2. This act shall take effect on
the first day of the second month next following enactment.

STATEMENT

���� This bill allows the parent,
custodian, or guardian of a child to designate, by and through their attorney,
a person to whom parental authority may be shared in situations where the
parent, custodian, or guardian has become unavailable.

���� Under current law, a parent
may designate in advance a person to whom parental authority can be temporarily
delegated, or a person who may serve as a standby guardian, in the event of
parental incapacity or unavailability.� Critically, these arrangements must be
made in advance of any incapacity or unavailability.� A delegation of parental
authority or a standby guardianship can be activated upon the parent�s death,
medical incapacity, entry into military service, incarceration for a criminal
charge, detention or deportation due to an immigration proceeding, or other
specified circumstance.

���� Under the bill, in the event
that an activating event occurs, but no delegation was made in advance, an
attorney licensed in this State, who represents the parent, may sign an
attorney attestation stating that the parent authorizes the attorney to
designate a person to whom parental authority is delegated.

���� Additionally, the bill
provides that persons acting in good faith reliance upon either a parental
delegation or attorney attestation designating a delegated person will have
civil and criminal immunity for acting in such reliance.