eLaws | eCases | State of New York |
 New York Codes Rules Regulations (Last Updated: March 27,2024)
 TITLE 22. Judiciary
 Subtitle D. Forms
 Chapter IV. Forms of the Family Court of the State of New York and Adoption Forms of the Family Court of the State of New York (cf. s205.7)
 Subchapter A. Forms Authorized by Section 205.7
  Juvenile Delinquency Forms (Family Court Act Article 3)
  3-26 Petition (to determine capacity after prior commitment)

  3-26 Petition (to determine capacity after prior commitment)  

Sec. 322.2 F.C.A.
 
Form 3-26
 
 
(Juvenile Delinquency)
 
 
7/83
 
FAMILY COURT OF THE STATE OF NEW YORK
 
COUNTY OF _________
________________
In the Matter of
 
Docket No. __
______
 
PETITION
 
(To Determine Capacity
A Person Alleged to be a
 
After Prior Commitment) Juvenile Delinquent,
______ Respondent.
________________
TO THE FAMILY COURT:
The undersigned (appearing on behalf of the) Petitioner respectfully alleges that:
(1. Petitioner is the (Commissioner of Mental Health) (Commissioner of Mental Retardation and Developmental Disabilities) and has custody of the above-named Respondent for a period which will expire on __, 19 , pursuant to an order dated __, 19 , 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) (her) or to assist in (his) (her) own defense.)
(1. (S)he is the __ of the petitioning Respondent in the above-entitled proceeding, and is appearing on behalf of said child for the purpose of filing this petition. Petitioning Respondent is in the custody of the (Commissioner of Mental Health) (Commissioner of Mental Retardation and Developmental Disabilities) for a period which will expire on __, 19, pursuant to an order dated __, 19, entered in the above-entitled proceeding which determined that the above-named child 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) (her) or to assist in (his) (her) own defense.)
2. Petitioner (has determined) (alleges) that (Respondent) (he) (she) is no longer incapacitated in that
 
WHEREFORE Petitioner prays that the Court enter an order declaring that (Respondent) (he) (she) is no longer an incapacitated person as defined in subdivision (13) of section 301.2 of the Family Court Act.
Dated: ______, 19.
( Commissioner
By Name
Title )
(By On Behalf of the Petitioner (Child) )
VERIFICATION (Agency)
STATE OF NEW YORK
 
)
 
 
) 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.
By (Commissioner)
By Name
Title
Sworn to before me this
 
__ day of __, 19.
(Notary Public)
VERIFICATION (Individual)
STATE OF NEW YORK
 
)
 
 
) ss.:
 
COUNTY OF
__
 
)
__, being duly sworn, deposes and says:
That (s)he is the __ in the above-entitled proceeding and is acquainted with the facts and circumstances thereof; 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 __, 19.
(Deputy) (Clerk of the Court)
(Notary Public)