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Petition To Determine Capacity After Prior Commitment 3-26 - New York
| Petition To Determine Capacity After Prior Commitment Form. This is a New York form and can be used in Juvenile Delinquency Family Court Statewide . |
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Sec. 322.2 F.C.A. Form 3-26 _(Juvenile Delinquency) 7/83 FAMILY COURT OF THE STATE OF NEW YORK In the Matter of A Person Alleged to be a Juvenile Delinquent, Respondent. Docket No. PETITION (To Determine Capacity After Prior Commitment) 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 , pursuant to an order dated 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 pursuant to an order dated 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 *Select applicable 2002 © American LegalNet, Inc. Form 3-26 page 2 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: Commissioner By Name Title ) (By on behalf of the Petitioner (child)) 2002 © American LegalNet, Inc. Form 3-26 page 3 (Agency) VERIFICATION STATE OF NEW YORK ss.: COUNTY OF ) ) being duly sworn, deposes and says: 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. That (s)he is the By (Commissioner) Name Title Sworn to before me this day of , 20 2002 © American LegalNet, Inc. Form 3-26 page 4 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. to before me this day of , 20 (Deputy) (Clerk of the Court) (Notary Public) 2002 © American LegalNet, Inc.
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