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.
Impact
If enacted, this legislation would create a rebuttable presumption in favor of visitation rights for families involved in guardianship cases, changing the dynamics of how these cases are handled in court. This provision is particularly aimed at ensuring that visitation is prioritized unless there is compelling evidence indicating that it's not in the best interest of the ward. The law also allows for court discretion in placing limitations on visitation, such as supervised visits, if deemed necessary.
Summary
Bill S07819, known as 'Karilyn's law', aims to amend the mental hygiene law in New York regarding proceedings for the appointment of a guardian or caretaker for personal needs or property management. A key feature of the bill is the stipulation that courts must set a date for family visitation proceedings under a guardianship petition within ten days of signing the order to show cause. This is a significant reduction from the previous timeline, which allowed up to twenty-eight days. The intent is to expedite the process and facilitate family visits for individuals under guardianship.
Contention
The discussion around S07819 could highlight potential points of contention regarding the balance between protecting vulnerable individuals and ensuring family connections. Critics may argue that the expedited process could overlook certain complexities involved in guardianship cases, such as the need for thorough evaluations of the ward's best interests. Proponents, however, may assert that the bill fosters timely family interactions that can enhance the well-being of individuals under guardianship.
Same As
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.
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.
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.
Provides that in the city of New York, a part of the court shall be devoted to actions and proceedings where: every party to the proceeding is a natural person; or the petitioner alleges in its petition that it is a "small landlord"; makes related provisions.
Prohibits smoking in private passenger cars, vans and trucks where a minor less than 14 years of age is a passenger in such vehicles; provides for rebuttable presumption; provides that violations of such provisions shall be subject to a fine of not more than $100.
Prohibits smoking in private passenger cars, vans and trucks where a minor less than 14 years of age is a passenger in such vehicles; provides for rebuttable presumption; provides that violations of such provisions shall be subject to a fine of not more than $100.
Prohibits a court from granting, denying or deciding a petition for guardianship, custody or visitation solely on the allegation or basis that a parent or guardian is providing or facilitating the provision of gender affirming care to the subject child.
Increases the penalties for overtaking and passing a school bus; provides that for the first conviction a person shall be punished by a fine of not less than $350 nor more than $500; provides that for a second conviction a person shall be punished by a fine of not less than $500 nor more than $800; also provides that for a third conviction a person shall be punished by a fine of not less than $800 nor more than $1000.
Relates to petitions for election to the party position of member of the county committee; provides that candidates shall not be required to provide their zip code if they have clearly stated their town or city on their petition.
Provides that where the court finds that the agency had no reasonable basis for denying access, a civil penalty of not more than one thousand five hundred dollars may also be imposed; provides that an agency or public official who does not promptly comply with a court order under this act is subject to a civil penalty of not more than five hundred dollars per day until the public records are provided.