Petition To Determine Capacity After Prior Commitment {3-26}

F.C.A. §322.2 Form 3-26 (Juvenile Delinquency ­Petition to Determine Capacity After Prior Commitment) 6/2016 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ___________________________________________ In the Matter of A Person Alleged to be a Juvenile Delinquent, Respondent. ___________________________________________ TO THE FAMILY COURT: Docket No. PETITION (To Determine Capacity After Prior Commitment) The undersigned (appearing on behalf of the) Petitioner respectfully alleges that: 1. (a.) Petitioner is: " the Commissioner of Mental Health " Commissioner of the Office of People with Developmental Disabilities " related to Respondent in the above-entitled proceeding as follows [specify]: and appeared on behalf of the Respondent for the purpose of this petition. (b) Respondent is in the custody of th " the Commissioner of Mental Health " Commissioner of the Office of People with Developmental Disabilities e for a period which will expire on [specify date]: , pursuant to an order dated [specify]: , entered in the above-entitled proceeding which determined that the Respondent is an incapacitated person as defined in subdivision (13) of section 301.2 of the Family Court Act and lacks the capacity to understand the proceedings against him or her or to assist in his or her own defense. 2. Petitioner " has determined " alleges) that Respondent is no longer incapacitated in that [specify]: WHEREFORE Petitioner requests that the Court enter an order declaring that Respondent is no longer an incapacitated person as defined in subdivision 13 of section 301.2 of the Family Court Act. Dated: _________________________ Commissioner By_______________________ Name _________________________ Title OR By____________________________________ Person Appearing on Behalf of the Respondent American LegalNet, Inc. www.FormsWorkFlow.com Form 3-26 Page 2 VERIFICATION (Agency) ) ) ss.: COUNTY OF_______________________ ) _________________________________________, being duly sworn, deposes and says: That (s)he is the______________________________ of ____________________, an agency authorized to originate the above- entitled proceeding, and is acquainted with the facts and circumstances therein; that (s)he has read the foregoing and knows the contents thereof; that the same is true to (his) (her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters (s)he believes it to be true. _____________________________ Name _____________________________ Title Sworn to before me this _____ day of _________________, _____ . ________________________________________ Notary Public VERIFICATION (Individual) ) ) ss.: COUNTY OF_____________________ ) _____________________________________________, being duly sworn, deposes and says: That (s)he is the__________________________________________________ in the aboveentitled proceeding and is acquainted with the facts and circumstances therein; that (s)he has read the foregoing and knows the contents thereof; that the same is true to (his) (her) own knowledge, except as to matters therein stated to be alleged on information and belief and as to those matters (s)he believes it to be true. _____________________________ Sworn to before me this _____ day of _____________, _____ . _________________________________ (Deputy) (Clerk of the Court) (Notary Public) STATE OF NEW YORK STATE OF NEW YORK American LegalNet, Inc. www.FormsWorkFlow.com