In a New York juvenile delinquency case, the Family Court can order an examination under Family Court Act section 322.1 to decide whether the respondent is an incapacitated person as defined in section 301.2(13). This two-page report records whether the respondent was examined as possibly mentally ill or intellectually disabled, when and where, and the examiner's opinion on capacity.
Each court-designated examiner, a qualified psychiatrist or certified psychologist, completes and signs the whole report, striking out the title that does not apply. No other party completes part of it.
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Examination Report to Determine Capacity
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A qualified psychiatrist or certified psychologist whom the Family Court has designated to examine the juvenile respondent. Each examiner reports whether, in their professional judgment, the respondent is or is not an incapacitated person under section 301.2(13) of the Family Court Act, then signs and dates the report.
A note to the examiner says items 3 and 4 must be completed when incapacity is found. Item 3 gives the diagnosis and prognosis behind the opinion. Item 4 is a detailed statement of reasons that refers particularly to the aspects of the proceedings the respondent cannot understand or help with.
Yes. The New York State Unified Court System posts the Examination Report to Determine Capacity as a PDF and as a Microsoft Word file on its statewide Family Court forms page, under juvenile delinquency. Examiners can type the report, then print, sign and file it with the court.