New York Codes, Rules and Regulations › 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) › Form 3-26 - Petition (to determine capacity after prior commitment)

Current through Register Vol. 46, No. 28, July
					 10, 2024
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:
[FN1](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.)
[FN2](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)
[FN1] Select applicable paragraph.
[FN2] Select applicable
						paragraph.