Juvenile Capacity in New York Family Court Delinquency Proceedings: What Counsel Should Understand About FCA 322.1

Stephan M. Carlson, MD, MBA, FAPA · Juvenile and Family Forensics

A capacity question in a delinquency case is not a younger version of an adult competency exam. The Family Court Act asks whether a specific child, because of mental illness or a developmental disability, can understand the proceeding and assist counsel now—and the recurring error is letting ordinary adolescent immaturity stand in for that finding. The standard the Family Court Act actually sets A juvenile delinquency proceeding in New York runs under Article 3 of the Family Court Act, not the Criminal Procedure Law, and capacity is governed by its own provisions. When the court forms the opinion that a respondent may be an incapacitated person, Family Court Act § 322.1 directs the appointme

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