senate Bill S9175A

2021-2022 Legislative Session

Relates to proceedings for appointment of a guardian for personal needs or property management

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 25, 2022 print number 9175a
May 25, 2022 amend and recommit to mental health
May 12, 2022 referred to mental health

S9175 - Details

See Assembly Version of this Bill:
A10334
Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.07, Ment Hyg L

S9175 - Summary

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.

S9175 - Sponsor Memo

S9175 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9175
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. PALUMBO -- 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 for personal needs or property management
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and  may  be  cited  as  "Karilyn's
 law".
   §  2.  Paragraph  1  of subdivision (b) of section 81.07 of the mental
 hygiene law, as amended by chapter 438 of the laws of 2004,  is  amended
 to read as follows:
   1. set the date on which the order to show cause is heard no more than
 twenty-eight  days  from  the  date  of the signing of the order to show
 cause. The court may for good cause shown set a date less  than  twenty-
 eight  days  from  the  date  of the signing of the order to show cause;
 PROVIDED THAT WHERE THE ORDER TO SHOW CAUSE CONCERNS  FAMILY  VISITATION
 RIGHTS, THE COURT SHALL SET THE DATE ON WHICH THE ORDER TO SHOW CAUSE IS
 HEARD  AND  FOR  WHICH A TEMPORARY ORDER WILL BE ISSUED NO MORE THAN TEN
 DAYS FROM THE DATE OF THE SIGNING OF THE  ORDER TO SHOW CAUSE. The  date
 of the hearing may be adjourned only for good cause shown;
   § 3. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15700-03-2


S9175A (ACTIVE) - Details

See Assembly Version of this Bill:
A10334
Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.07, Ment Hyg L

S9175A (ACTIVE) - Summary

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.

S9175A (ACTIVE) - Sponsor Memo

S9175A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9175--A
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. This act shall be known and  may  be  cited  as  "Karilyn's
 law".
   §  2.  Paragraph  1  of subdivision (b) of section 81.07 of the mental
 hygiene law, as amended by chapter 438 of the laws of 2004,  is  amended
 to read as follows:
   1. set the date on which the order to show cause is heard no more than
 twenty-eight  days  from  the  date  of the signing of the order to show
 cause. The court may for good cause shown set a date less  than  twenty-
 eight  days  from  the  date  of the signing of the order to show cause;
 PROVIDED THAT WHERE THE ORDER TO SHOW CAUSE CONCERNS  FAMILY  VISITATION
 RIGHTS, THE COURT SHALL SET THE DATE ON WHICH THE ORDER TO SHOW CAUSE IS
 HEARD  AND  FOR  WHICH A TEMPORARY ORDER WILL BE ISSUED NO MORE THAN TEN
 DAYS FROM THE DATE OF THE SIGNING OF THE   ORDER TO SHOW  CAUSE.    UPON
 SUCH APPLICATION FOR VISITATION, THERE SHALL BE A REBUTTABLE PRESUMPTION
 IN  FAVOR  OF VISITATION. VISITATION SHALL ONLY BE DENIED UPON CLEAR AND
 CONVINCING EVIDENCE. IT IS FURTHER  WITHIN  THE  COURT'S  DISCRETION  TO
 PROVIDE  WHATEVER  LIMITATIONS  DEEMED  APPROPRIATE,  INCLUDING, BUT NOT
 LIMITED TO, SUPERVISED VISITATION.   The date  of  the  hearing  may  be
 adjourned only for good cause shown;
   § 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


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