Bill Text: NY S02649 | 2025-2026 | General Assembly | Introduced

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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 (Republican 5-0)

Status: (Introduced) 2025-01-22 - REFERRED TO MENTAL HEALTH [S02649 Detail]

Download: New_York-2025-S02649-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2649

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 22, 2025
                                       ___________

        Introduced  by Sens. PALUMBO, BORRELLO, LANZA, TEDISCO -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Mental Health

        AN  ACT  to amend the mental hygiene law, in relation to proceedings for
          appointment of a guardian or other caretaker  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. Short title.  This act shall be known and may be  cited  as
     2  "Karilyn's 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 that is not in the best interests of the ward,  such
    17  determinations  shall  be  on  the record or by written decision.  It is
    18  further within the court's discretion to  provide  whatever  limitations
    19  deemed   appropriate,   including,   but   not  limited  to,  supervised
    20  visitation.  The date of the hearing may  be  adjourned  only  for  good
    21  cause shown;
    22    § 3. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06631-01-5