Bill Text: NY A01643 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts "Karilyn's law"; provides that the court set the date for proceedings relating to family visitation under a guardianship petition for not more than ten days from the signing of the order to show cause; provides that visitation shall be a rebuttable presumption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A01643 Detail]

Download: New_York-2023-A01643-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1643

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Judiciary

        AN  ACT  to amend the mental hygiene law, in relation to proceedings for
          appointment of a guardian for personal needs or property management

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be known and may be cited as "Karilyn's
     2  law".
     3    § 2. Paragraph 1 of subdivision (b) of section  81.07  of  the  mental
     4  hygiene  law,  as amended by chapter 438 of the laws of 2004, is amended
     5  to read as follows:
     6    1. set the date on which the order to show cause is heard no more than
     7  twenty-eight days from the date of the signing  of  the  order  to  show
     8  cause.  The  court may for good cause shown set a date less than twenty-
     9  eight days from the date of the signing of  the  order  to  show  cause;
    10  provided  that  where the order to show cause concerns family visitation
    11  rights, the court shall set the date on which the order to show cause is
    12  heard and for which a temporary order will be issued no  more  than  ten
    13  days  from  the  date  of the signing of the  order to show cause.  Upon
    14  such application for visitation, there shall be a rebuttable presumption
    15  in favor of visitation. Visitation shall only be denied upon  clear  and
    16  convincing  evidence.  It  is  further  within the court's discretion to
    17  provide whatever limitations  deemed  appropriate,  including,  but  not
    18  limited  to,  supervised  visitation.    The  date of the hearing may be
    19  adjourned only for good cause shown;
    20    § 3. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02015-01-3