Judge Lillian Wan

In a juvenile delinquency matter, the court considered whether respondent was competent to stand trial. Respondent, a 14-year-old, was diagnosed with autism, having cognitive limitations and functioning only at a kindergarten level. After respondent was placed following a neglect petition filed against his mother, the city filed a delinquency petition charging respondent with third degree robbery. Subsequent petitions charged respondent with sexual assault and attempted rape for various separate incidents. Examiners from the Kings County Family Court Mental Health Services Clinic evaluated respondent, concluding that he was incapacitated and lacked the ability to understand the proceedings against him or assist in his own defense. The court entered a finding that respondent was an incapacitated person. The court held that it was constrained by statute to commit respondent to either the Office of Mental Health or the Office of People with Developmental Disabilities for treatment. Although neither office believed itself capable of treating respondent, the court ordered respondent placed with OMH, holding that it was inappropriate to commit respondent to OPWDD, whose facilities only housed adults, and that OMH was better equipped to treat respondent.

Judge Lillian Wan