X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In considering what one justice called a “landmark” issue involving the privacy rights of parents accused of child abuse, the high court has ruled that a mother cannot be ordered to undergo psychological testing in conjunction with dependency proceedings. A majority of the justices said their decision preserved the constitutional right to privacy but two dissenters claimed the decision could pose a grave danger to dependent children and lowers the duty the state owes to them. Reversing the Superior Court, the justices ruled 5-2 in In the Matter of T.R., PICS Case No. 99-1247 (Pa. June 23, 1999) Flaherty, C.J.; Nigro, J., concurring; Zappala, J., concurring; Newman & Castille, J.J., dissenting (26 pages) that an allegedly abusive mother does not have to submit to court-ordered psychological testing. “It is one thing for the mother to agree to psychological evaluation and to voluntarily undergo instruction in self-improvement, but it is quite another for the state, in its paternalistic might, to order a psychological evaluation in violation of the mother’s constitutional rights, presumably upon pain of imprisonment for contempt of court,” Justice John Flaherty wrote for the majority. “The constitution is not a mere policy statement to be overridden by a sociological scheme for the improvement of society.”

FIT PARENT?

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.