S 2649: 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.
This law aims to improve the process of appointing a guardian or caretaker for individuals with personal needs or property management. The law sets a new deadline for hearing an order to show cause, which is 28 days from the date of the order signing, unless the court deems it necessary to set a shorter date for good cause. In cases involving family visitation rights, the court must set a hearing date and issue a temporary order within 10 days of the order signing, with a rebuttable presumption in favor of visitation. Visitation can only be denied if there is clear and convincing evidence that it's not in the best interests of the individual, and the court may provide supervised visitation. The law also allows the court to limit visitation, if necessary, and the hearing date can be adjourned for good cause.
| Apr. 22, 2025 | RECOMMIT, ENACTING CLAUSE STRICKEN |
| Mar. 11, 2025 | NOTICE OF COMMITTEE CONSIDERATION - REQUESTED |
| Jan. 22, 2025 | REFERRED TO MENTAL HEALTH |
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