Bill Text: NY A10334 | 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 (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-25 - print number 10334a [A10334 Detail]

Download: New_York-2021-A10334-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10334--A

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Thiele) --
          read once and referred to the  Committee  on  Judiciary  --  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.
                                                                   LBD15700-05-2