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Assembly Bill A1643A

2023-2024 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2023-A1643 - Details

See Senate Version of this Bill:
S2822
Current Committee:
Assembly Judiciary
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.07, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: A10334, S9175
2025-2026: A3598, S2649, S7819

2023-A1643 - Summary

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.

2023-A1643 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1643
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- 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 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.
                                                            LBD02015-01-3

2023-A1643A (ACTIVE) - Details

See Senate Version of this Bill:
S2822
Current Committee:
Assembly Judiciary
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §81.07, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2021-2022: A10334, S9175
2025-2026: A3598, S2649, S7819

2023-A1643A (ACTIVE) - Summary

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.

2023-A1643A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1643--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by 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  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:
 
   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 THAT IS NOT IN THE BEST INTERESTS OF THE WARD, SUCH
 DETERMINATIONS SHALL BE ON THE RECORD OR BY WRITTEN  DECISION.    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.
                                                            LBD02015-03-3

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