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Bill

A 5523

Relates to the placement of school crossing guards

2025 Regular Session Introduced by Alicia Hyndman

Presumption in favor of visitation in guardianship cases for incapacitated individuals, with fast-track hearings (within 10 days) and potential supervised access as needed.

REFERRED TO CITIES
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Bill Summary · A 5523

Bill Summary: A 5523

Note: The bill’s official title references “the placement of school crossing guards,” but the introduced text and provisions address visitation in guardianship proceedings. The summary below focuses on the enacted content provided.

Overview

  • Subject: Guardianship matters and visitation rights for family or other interested parties concerning an incapacitated individual.
  • Purpose: Create a presumption favoring visitation in guardianship cases and require prompt scheduling of hearings for orders to show cause related to visitation, with the court retaining discretion to impose limits (including supervised visitation).
  • Status: Introduced in the Assembly on April 10, 2025; referred to Assembly Judiciary Committee. Docket entries also show prior referrals to Cities, but the current introduced version centers on guardianship visitation.
  • Sponsor: Alicia Hyndman (primary).

What the bill would do

  • Establish a presumption in favor of visitation for family members or other interested parties in guardianship proceedings involving an incapacitated individual.
  • Change scheduling requirements to ensure timely court action on visitation-related orders to show cause (hearing and temporary order to be issued within 10 days of the order’s signing).
  • Allow the court to impose limitations on visitation as appropriate, including supervised visitation, to protect the incapacitated person.

Key provisions

  1. Hearing timeline and presumption

    • When an order to show cause includes an application for visitation, the court must set the hearing date (and issue a temporary order) no more than 10 days from the order’s signing.
    • There shall be a rebuttable presumption in favor of visitation.

  2. Standard for denying visitation

    • Visitation may be denied only upon clear and convincing evidence that it is not in the best interest of the incapacitated person.
    • The court’s determination must be on the record or by written decision.

  3. Court’s discretion and limitations

    • The court retains broad parens patriae authority and may impose any appropriate limitations, including supervised visitation.

  4. Effective date

    • The act would take immediate effect.

Who would be affected

  • Incapacitated individuals under guardianship, their guardians, and family or other interested parties seeking visitation rights.
  • Courts handling guardianship cases (primarily trial judges in NJ family/guardianship courts), which would apply the presumption and scheduling requirements.
  • Guardians and potentially other guardianship participants seeking to manage visitation arrangements.

Procedural and timeline aspects

  • Immediate effective date upon enactment.
  • Quick scheduling: hearing and temporary order issued within 10 days of signing the order to show cause.
  • Evidentiary standard for restricting visitation: clear and convincing evidence.
  • Presumption is rebuttable; safeguards ensure a focus on the incapacitated person’s best interests.

Legislative context

  • Legislative actions: Introduced in the Assembly on 2025-04-10; referred to Assembly Judiciary Committee.
  • Related/companion bills: S 4241 (companion), and multiple prior-session bills (e.g., S 422; A 5816) listed as related.
  • Related sponsors: Alicia Hyndman (primary).

Compiled from official sources — confirm details with the bill’s official record.

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