§ 9:2-13 — Definitions.

1. For the purposes of P.L.1955, c.232 (C.9:2-13 et seq.), 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 incapacitated" means the inability to understand and discharge the natural and regular obligations of care and support of a child by reason of having a mental health condition, an intellectual disability, or a substance use disorder. (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; 2013, c.103, s.54; 2023, c.177, s.17.