Bill > A03598

This bill, known as "Karilyn's law," amends the New York Mental Hygiene Law to change how courts handle family visitation in guardianship proceedings. Currently, courts can set hearings up to 28 days from the date of an order to show cause, but the bill now mandates that for family visitation cases, courts must set a hearing date within 10 days of signing the order. The bill introduces a rebuttable presumption in favor of visitation, meaning that visitation will be assumed to be appropriate unless there is clear and convincing evidence that it is not in the best interests of the ward (the person under guardianship). If visitation is to be denied, the court must provide a written decision or make its reasoning part of the official record. The court retains discretion to set limitations on visitation, such as requiring supervised visits. The law is designed to expedite family visitation hearings and create a more presumptive approach to maintaining family connections in guardianship cases.

Justice

https://www.nysenate.gov/legislation/bills/2025/A3598