Bill Text: NY A10608 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the appointment of guardians.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2012-10-03 - signed chap.475 [A10608 Detail]

Download: New_York-2011-A10608-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10608
                                 I N  A S S E M B L Y
                                     June 7, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein,
         Dinowitz, Lavine, Simotas, Zebrowski) -- (at request of the Office  of
         Court  Administration)  --  read once and referred to the Committee on
         Judiciary
       AN ACT to amend the correction  law  and  the  mental  hygiene  law,  in
         relation to the appointment of guardians
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.   Subparagraph (iii) of paragraph b  of  subdivision  2  of
    2  section  168-b  of  the correction law, as amended by chapter 595 of the
    3  laws of 2008 and as further amended by section 104 of part A of  chapter
    4  62 of the laws of 2011, is amended to read as follows:
    5    (iii)  a  court,  to  enable  the  court  to  promptly comply with the
    6  provisions of paragraph (a-1) of subdivision one of section two  hundred
    7  forty  of  the  domestic relations law, [and] subdivision (e) of section
    8  six hundred fifty-one of the family court act, AND  SUBDIVISION  (G)  OF
    9  SECTION 81.19 OF THE MENTAL HYGIENE LAW.
   10    S  2.  Section  81.19 of the mental hygiene law is amended by adding a
   11  new subdivision (g) to read as follows:
   12    (G) 1. IN MAKING AN APPOINTMENT OR  CONSIDERING  A  REVOCATION  OF  AN
   13  APPOINTMENT  UNDER THIS ARTICLE, THE COURT ALSO MAY OBTAIN AND CONSIDER,
   14  AND MAY AUTHORIZE A COURT EVALUATOR TO REVIEW THE SAME AND REPORT TO THE
   15  COURT CONCERNING, ANY OF THE FOLLOWING INFORMATION REGARDING THE GUARDI-
   16  AN OR PROPOSED GUARDIAN, AND, IF THE  INCAPACITATED  PERSON  RESIDES  OR
   17  WILL RESIDE WITH SUCH GUARDIAN OR PROPOSED GUARDIAN, ANY PERSON EIGHTEEN
   18  YEARS  OR  OLDER  RESIDING IN THE GUARDIAN OR PROPOSED GUARDIAN'S HOUSE-
   19  HOLD:
   20    (I) A CRIMINAL HISTORY RECORD CHECK OF SUCH PERSON OR PERSONS; AND  IN
   21  FURTHERANCE  THEREOF, THE COURT SHALL BE AUTHORIZED TO: (1) OBTAIN A SET
   22  OF SUCH PERSON'S FINGERPRINTS; (2) DIRECT THAT THE DIVISION OF  CRIMINAL
   23  JUSTICE  SERVICES  PROMPTLY  PROVIDE  TO  THE  COURT  A CRIMINAL HISTORY
   24  RECORD, IF ANY, WITH RESPECT TO SUCH PERSON OR  A  STATEMENT  THAT  SUCH
   25  PERSON  HAS  NO  CRIMINAL  RECORD; AND (3) DIRECT THE SUBMISSION OF SUCH
   26  PERSON'S FINGERPRINTS BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15240-04-2
       A. 10608                            2
    1  THE  FEDERAL BUREAU OF INVESTIGATION FOR PURPOSES OF A NATIONWIDE CRIMI-
    2  NAL HISTORY RECORD CHECK PURSUANT TO  AND  CONSISTENT  WITH  PUBLIC  LAW
    3  92-544  TO  DETERMINE IF SUCH PERSON HAS A CRIMINAL HISTORY IN ANY STATE
    4  OR FEDERAL JURISDICTION;
    5    (II) REPORTS FOR SUCH PERSON OR PERSONS FROM THE SEX OFFENDER REGISTRY
    6  ESTABLISHED AND MAINTAINED PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B
    7  OF THE CORRECTION LAW;
    8    (III)  INDICATED REPORTS FOR SUCH PERSON OR PERSONS FROM THE STATEWIDE
    9  CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT ESTABLISHED  AND  MAIN-
   10  TAINED  PURSUANT  TO  SECTION  FOUR  HUNDRED  TWENTY-TWO  OF  THE SOCIAL
   11  SERVICES LAW, UPON A FINDING BY THE COURT, PURSUANT TO  PARAGRAPH  E  OF
   12  SUBDIVISION FOUR OF SUCH SECTION, THAT SUCH INFORMATION IS NECESSARY FOR
   13  THE COURT TO DETERMINE WHETHER TO MAKE OR CONTINUE AN APPOINTMENT PURSU-
   14  ANT TO THIS ARTICLE;
   15    (IV) REPORTS FOR SUCH PERSON OR PERSON FROM THE STATEWIDE COMPUTERIZED
   16  REGISTRY  OF ORDERS OF PROTECTION ESTABLISHED AND MAINTAINED PURSUANT TO
   17  SECTION TWO HUNDRED TWENTY-ONE-A OF THE EXECUTIVE LAW; AND
   18    (V) RELATED DECISIONS IN COURT PROCEEDINGS INITIATED PURSUANT TO ARTI-
   19  CLE TEN OF THE FAMILY COURT ACT AND RELATED WARRANTS  ISSUED  UNDER  THE
   20  FAMILY COURT ACT.
   21    2.  THE  COURT SHALL OBTAIN AND CONSIDER RECORDS AND REPORTS SPECIFIED
   22  IN PARAGRAPH ONE OF THIS SUBDIVISION BETWEEN THE TIME THE JUDGE EXECUTES
   23  THE ORDER TO SHOW CAUSE AND THE HEARING DATE OF THE ORDER TO SHOW  CAUSE
   24  IF A GUARDIAN OR GUARDIANS ARE PROPOSED IN THE PETITION OR, AS SOON AS A
   25  GUARDIAN OR GUARDIANS ARE PROPOSED BY A PARTY TO THE PROCEEDING OR NOMI-
   26  NATED  BY  THE  PERSON  ALLEGED TO BE INCAPACITATED, DURING A PROCEEDING
   27  UNDER THIS ARTICLE.
   28    3. UPON CONSIDERATION OF ALL FACTORS BEARING ON THE BEST INTERESTS  OF
   29  THE INCAPACITATED PERSON INCLUDING CONSIDERATION OF ALL RELEVANT FACTORS
   30  IN   SUBDIVISION  ONE  OF  SECTION  SEVEN  HUNDRED  FIFTY-THREE  OF  THE
   31  CORRECTION LAW, THE RECORDS AND REPORTS SPECIFIED IN  PARAGRAPH  ONE  OF
   32  THIS  SUBDIVISION,  AND  THE COURT EVALUATOR'S REPORT THEREON, AND AFTER
   33  NOTIFYING COUNSEL INVOLVED IN THE PROCEEDING,  OR  IN  THE  EVENT  OF  A
   34  SELF-REPRESENTED  PARTY  NOTIFYING  SUCH  PARTY,  THE COURT MAY APPOINT,
   35  REFUSE TO APPOINT OR REVOKE THE APPOINTMENT OF ANY  PERSON  AS  GUARDIAN
   36  PURSUANT TO THIS ARTICLE.
   37    4.  WHERE  THE  COURT  REQUESTS A CRIMINAL HISTORY RECORD FOR A PERSON
   38  PURSUANT TO THIS SECTION, THE COURT SHALL PROVIDE  THE  SUBJECT  OF  THE
   39  REQUEST  WITH  A  COPY  OF HIS OR HER CRIMINAL HISTORY RECORD, IF ANY, A
   40  REASONABLE TIME BEFORE CONSIDERATION OF SUCH RECORD UNDER THIS  SUBDIVI-
   41  SION  AND  INFORM  SUCH PERSON OF HIS OR HER RIGHT TO SEEK CORRECTION OF
   42  ANY INCORRECT INFORMATION CONTAINED IN SUCH  RECORD  PURSUANT  TO  REGU-
   43  LATIONS  AND  PROCEDURES ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE
   44  SERVICES.
   45    S 3. This act shall take effect immediately.
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