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

Form 3-26 - PETITION TO DETERMINE CAPACITY AFTER PRIOR COMMITMENT. This form is used in New York Family Court to request a judicial determination that a previously committed juvenile delinquent has regained capacity to understand court proceedings and assist in their own defense. This petition is typically filed by the Commissioner of Mental Health, the Commissioner of the Office for People with Developmental Disabilities (OPWDD), or an authorized representative appearing on behalf of the respondent. The petitioner must specify that the respondent had been found incapacitated under FCA §301.2(13) and placed in the custody of the appropriate state agency, and now either has been determined or is alleged to be no longer incapacitated. Upon review, the court may enter an order declaring the respondent competent to proceed with their delinquency case. The form must be signed and verified under penalty of perjury. F.C.A. §322.2. www.FormsWorkflow.com