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.
STATE OF NEW YORK
________________________________________________________________________
3598
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. SCHIAVONI -- 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 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
