78 N.Y.2d 1031 (1991)
In child abuse proceedings, a court must carefully weigh the potential benefits of a psychological examination of the child by a party’s expert against the potential harm to the child before ordering such an examination.
Summary
This case concerns a father accused of sexually abusing his daughter who sought an independent psychological examination of the child after the Department of Social Services (DSS) had already conducted one. The New York Court of Appeals held that while the respondent or law guardian may move for a child to be examined by a physician, psychologist, or social worker, the decision to grant such an examination rests within the court’s discretion. The court must consider the need for the examination in preparing the case and the potential harm to the child. The court remanded the case for reconsideration in light of an amended statute, emphasizing that such examinations should not be routinely granted and require careful balancing of potential benefits and harms.
Facts
The Westchester County Department of Social Services (DSS) filed a petition alleging that the respondent sexually abused his four-year-old daughter, Jessica R., in July 1988. The DSS action followed an evaluation of the child by a Child Sexual Abuse Syndrome specialist retained by DSS. The respondent then requested a court order to allow his own expert to examine the child.
Procedural History
The Family Court initially addressed the request based on Family Court Act § 251. While the case was on appeal, Family Court Act § 1038(c) was amended to address independent expert examinations. The Appellate Division reviewed the Family Court’s decision. The New York Court of Appeals then reviewed the Appellate Division’s order.
Issue(s)
Whether, in a child abuse proceeding, a respondent is automatically entitled to have the child examined by an expert of their choosing, and what standards govern a court’s decision on such a request.
Holding
No, because the decision to order a psychological examination of a child by a respondent’s expert rests within the Family Court’s discretion, balancing the need for the examination against the potential harm to the child.
Court’s Reasoning
The Court of Appeals recognized the Family Court’s inherent power to order examinations by court-appointed experts. While the amended Family Court Act § 1038(c) allows a respondent or law guardian to request an examination by their own expert, it does not create an automatic right. The statute requires the court to consider both the need for the examination to assist in preparing the case and the potential harm to the child. “The statute is designed to enhance procedural fairness and the fact-finding process, particularly in cases where the petitioner’s proof will depend substantially on expert opinion.” The court emphasized that the application is addressed to the court’s discretion and the court must determine whether, under the circumstances of the particular case, the potential benefits outweigh the potential harm. The court noted, “examinations by an adversary’s expert will almost always present potential harm to the child as well as potential benefits for the respondent and the truth-finding process.”
Judge Kaye dissented in part, arguing that the respondent failed to demonstrate any specific need for a second examination, especially considering the potential trauma to the child and the respondent’s access to the DSS file. Judge Kaye emphasized that the burden rests on the respondent to show that the need for the examination outweighs the potential harm, a burden the respondent failed to meet.
The majority countered that such sensitive applications should not be decided mechanically by assigning burdens of proof. Instead, the court must exercise sound judgment, weighing all factors bearing on potential benefits and harms and considering its power to condition the order to achieve an appropriate balance.