Bill Text: NY S09175 | 2021-2022 | General Assembly | Amended

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Bill Title: 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 1-0)

Status: (Introduced - Dead) 2022-05-25 - PRINT NUMBER 9175A [S09175 Detail]

Download: New_York-2021-S09175-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9175--A

                    IN SENATE

                                      May 12, 2022
                                       ___________

        Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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.
                                                                   LBD15700-04-2