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F.C.A. §322.2Form 3-26 (Juvenile Delinquency –Petition to Determine Capacity After Prior Commitment) 6/2016 FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF ___________________________________________In the Matter of Docket No. PETITION A Person Alleged to be a (To Determine Capacity Juvenile Delinquent, After P rior Commitment) Respondent. ___________________________________________ TO THE FAMILY COURT: The undersigned (appearing on behalf of the) Petitioner respect fully alleges that: 1. (a.) Petitioner is: ” the Commissioner of Mental Health ” Commissioner of the Office of People with Developmental Disabilities ” related to Respondent in the above-entitled proceeding as follows [specify]: a nd appeared on behalf of the Respondent for the purpose of this petition. (b) Respondent is in the custody of th ” the Commissioner of Mental Health ” Commissioner of the Office of Pe ople with Developmental Disabilities e for a period which will expire on [specify date]: , pursuant to an order dated [specify]: , entered in the above-entitled proceeding which de termined 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 or her or to assist in his or her own defense. 2. Petitioner ” has determined ” alleges) that Respondent is no longer incapacitated in that [specify]: WHEREFORE Petitioner requests that the Court enter an order dec laring that Respondent is no longer an incapacitated person as defined in s ubdivision 13 of section 301.2 of the Family Court Act. Dated: _________________________ Commissioner By_______________________ Name _________________________ Title OR By____________________________________ Person Appearing on Behalf of the Respondent Form 3-26 Page 2 VERIFICATION (Agency) STATE OF NEW YORK ) ) ss.: COUNTY OF_______________________ ) _________________________________________ , being duly sworn, deposes and says: That (s)h e 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 conten ts thereof; that the same is true to (his) (her) own knowledge, except as to matters therein stated to be allege d on information and belief and as to those matters (s)he believes it to be true. _____________________________ Name_____________________________ Title Sworn to before me this _____ day of _________________, _____ . ________________________________________ Notary Public VERIFICATION (Individual) STATE OF NEW YORK ) ) ss.: COUNTY OF_____________________ ) _______________________________________ ______, being duly sworn, deposes and says: That (s)h e is the________________________ __________________________ in the above- entitled proceeding and is acquain ted 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 a lleged on information and belief and as to those matters (s)he believes it to be true. _____________________________ Sworn to before me this _____ day of _____________, _____ . _________________________________ (Deputy) (Clerk of the Court) (Notary Public)