Is an examination of the allegedly abused child by a psychiatrist or psychologist necessary to the preparation of the father's defense?

"New York", United States of America

The following excerpt is from Kaitlyn S., Matter of, 148 Misc.2d 276, 560 N.Y.S.2d 88 (N.Y. Fam. Ct. 1990):

It cannot be seriously disputed that the information sought by the father from an examination of the allegedly abused child by either a psychiatrist or a psychologist is material and necessary to the preparation of his defense. Expert testimony derived from such examination will "inform the court of the test subject's involuntary bodily reactions when asked specific questions; information, which the court, as trier of the facts, could neither obtain nor interpret otherwise" (Matter of Meyer, supra, [132 Misc.2d 415] at 419 [504 N.Y.S.2d 358] moreover, the art or science of psychiatry and psychology "is not so precise that the opinion of a single 'impartial' expert resolves all issues ... rather, the reverse is true--the larger the pool of experts, the greater the stream of potentially useful information made available to the court" (Rosenblitt v. Rosenblitt, 107 AD2d 292, 298 [486 N.Y.S.2d 741] [Lazer, J., dissenting], to avoid the potentially "draconian results of either an erroneous finding of abuse against a parent or an erroneous dismissal" (Matter of Meyer, supra, [132 Misc.2d] at 419 [504 N.Y.S.2d 358].

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