9:2-10. Order for proper care of child


9:2-10.      Order for proper care of child 
     9:2-10. In an action brought pursuant to R.S.9:2-9, the Superior Court, after an investigation shall have been made by the chief probation officer of the county in which the child may reside, concerning the reputation, character and ability of the plaintiff, or such other person as the court may direct, to properly care for such child, shall make an order or judgment committing the child to the care and custody of such person, who will accept the same, as the court shall for that purpose designate and appoint, until such child shall attain the age of eighteen years, or the further direction of the court; provided, however, that in proper cases such care and custody may be exercised by supervision of the child in his own home, unless the court shall otherwise order. Such order or judgment may require the giving of a bond by the person to whose care or custody the said child may be committed, with such security and on such conditions as the court shall deem proper. 

    Amended 1948,c.321,s.8; 1949,c.245,s.2; 1953,c.9,s.7; 1991,c.91,s.191. 
 
9:2-11.  Commitment of child to child caring society;  cost of proceedings;   consent to adoption of child;  support by relative
    The court before which such proceedings shall be conducted, may, in the same  manner but in lieu of committing such child, as in section 9:2-10 of this Title  specified, commit such child to the care and custody of any society duly  incorporated under the laws of this State for the care of children.  In such  case the court may, in its discretion, cause the person in whose custody such  child was, or the county in which such child may reside, to pay all costs and  expenses of such proceedings, and such person or society or institution to whom  or to which such child is committed may, upon special authority granted in the  order or judgment of commitment, give his or its consent, and such consent will  be sufficient, to the legal adoption of such child;    provided, however  ,  that the granting of the right to consent to adoption shall in no wise be  construed as authority to place a child for adoption except in accordance with  the provisions of chapter three of this Title (s. 9:3-1 et seq.).

    Whenever the court shall have made an order or judgment with respect to the  care and custody of a child as contemplated by this Title, and it shall appear  that the person in whose custody such child was is a relative financially able  and legally liable to provide support for such child, the court may make a  supplementary order requiring such relative to make such payment or payments  for the support of such child as the court may deem reasonable under the  circumstances.

     Amended by L.1948, c. 321, p. 1298, s. 9;  L.1949, c. 245, p. 786, s. 3; L.1953, c. 9, p. 73, s. 8.
 
9:2-13.      Definitions 
     For the purposes of this act, the following words and phrases, unless otherwise indicated, shall be deemed to have the following meanings: 

    (a)  The phrase "approved agency" means a legally constituted agency having its principal office within or without this State, which has been approved, pursuant to law, to place children in New Jersey for purposes of adoption. 

    (b)  The word "child" means any person under 18 years of age.

 

    (c)  The word "custody" means continuing control and authority over the person of a child, established by natural parenthood, by order or judgment of a court of competent jurisdiction, or by written surrender to and approved agency pursuant to law. 

    (d)  The phrase "forsaken parental obligations" means willful and continuous neglect or failure to perform the natural and regular obligations of care and support of a child. 

    (e)  The phrase "mentally incompetent" means inability to understand and discharge the natural and regular obligations of care and support of a child by reason of mental disease, feebleness of mind, or habitual intemperance. 

    (f)  The word "parent," when not otherwise described by the context, means a natural parent or parent by previous adoption.

 

    (g)  The word "may" shall be construed to be permissive and the word "shall" shall be construed to be mandatory.

 

    L.1955,c.232,s.1; amended 1990,c.26,s.3.