Petition Dismissal For Continuing Lack Of Capacity {3-22}

Form 3-22 - PETITION TO DISMISS FOR CONTINUING LACK OF CAPACITY. This is a New York Family Court form filed in juvenile delinquency proceedings. It is used when a respondent who was previously found incapacitated and committed to the custody of the Commissioner of Mental Health or the Commissioner of the Office for People with Developmental Disabilities (OPWDD) remains unable to proceed due to a continuing lack of capacity. The petitioner—typically the Commissioner or an authorized representative—alleges that there is a substantial probability the respondent will remain incapacitated for the foreseeable future and requests that the juvenile delinquency petition be dismissed. The form must identify the prior commitment order, the basis for continued incapacity, and the date the original delinquency petition was filed. It includes verification sections for agency or individual petitioners, both sworn under penalty of perjury. F.C.A. § 322.2. www.FormsWorkflow.com