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Assembly narrows visitation timelines and raises standard for denying family visits in guardianship cases
Summary
Lawmakers passed a bill shortening expedited-family‑visitation hearing timelines and creating a rebuttable presumption in favor of visitation, while increasing the standard for denying visits to clear and convincing evidence. Debate centered on whether the higher standard unduly restricts judicial discretion.
The Assembly passed legislation that amends Article 81 of New York’s Mental Hygiene Law to shorten certain expedited family‑visitation hearings and to create a rebuttable presumption in favor of family visits for people under guardianship.
Sponsor Mr. Scafoni explained the bill would reduce the special hearing timeline from 28 days to 10 days and would set a rebuttable presumption in favor of family visitations; the bill also raises the evidentiary standard needed to deny visitation to clear and convincing evidence, matching standards used elsewhere in guardianship law where fundamental rights are at stake. "Maintaining family connections provides a critical emotional support and comfort system that wards under Article 81 guardianships need," the sponsor said.
Several members supported the expedited timeline and presumption but opposed raising the denial standard from preponderance to clear and convincing, arguing judges need discretion to weigh complex family dynamics and that the short time frame could make the higher standard impractical. Supporters responded that consistency with guardianship standards is appropriate because visitation can affect fundamental rights and because supervised visits remain an option.
The Assembly passed the bill 89–44. Sponsors said the bill balances family access and court safeguards; dissenting members asked for a chapter amendment to restore the lower standard for visitation decisions.
Implementation notes: the bill shortens certain hearing timetables and alters the standard of proof in visitation-denial hearings; courts will continue to have options such as supervised visits when concerns are shown.
