In re T.R.

665 A.2d 1260, 445 Pa. Super. 553
CourtSuperior Court of Pennsylvania
DecidedOctober 5, 1995
StatusPublished
Cited by11 cases

This text of 665 A.2d 1260 (In re T.R.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re T.R., 665 A.2d 1260, 445 Pa. Super. 553 (Pa. Ct. App. 1995).

Opinion

KELLY, Judge:

In this opinion, we are called on to determine whether the trial court, in the context of performing a juvenile dependency disposi-tional review, may order the mother of adjudicated dependents to undergo a psychological evaluation against her wishes and disclose the results of the evaluation to interested parties. We hold that such an order is consistent with the purposes of the Juvenile Act and does not violate the mother’s constitutional right to privacy. Accordingly, we affirm.

The relevant facts and procedural history of this appeal are as follows. This case involves appellant’s two-year-old son, T.R., who was injured by rough horseplay by his nine and five-year-old siblings, J.M. and C.R. T.R. was born on June 16, 1991. The Philadelphia Department of Human Services (“DHS”) became aware of T.R.’s family in June of 1986 when DHS received a Child Protective Services (“CPS”) report alleging that T.R.’s older brother, J.M., had suffered a spiral fracture while in appellant’s care. On two occasions in April of 1992, T.R., at that time ten months old, was treated at Children’s Hospital of Philadelphia for eye injuries caused by a blunt object like a finger or cigarette.

On April 16, 1992, the Honorable Nicholas A. Cipriani issued a restraining order for T.R. at the request of DHS. As a result, T.R. was temporarily committed to DHS. On May 17, 1993, the Honorable Thomas A. Dempsey adjudicated .T.R. dependent with DHS supervision in appellant’s home.

Renee Johnson, employed by Bethanna Social Service Agency, made weekly visits to appellant’s home beginning in October of 1993. (N.T. 5/13/94 at 54-55). One of Ms. Johnson’s duties was to discuss parenting [1262]*1262with appellant. (Id. at 58). Another duty was to discuss with appellant appropriate disciplinary strategies for appellant’s children. (Id.). Ms. Johnson testified that appellant failed to cooperate with respect to the parenting classes; appellant was asked to attend parenting classes but failed to do so. (Id.). Additionally, Ms. Johnson testified that she and a supervisor informed appellant about the inappropriate use of extensive time-out for the younger children;1 nevertheless, appellant did not comply with the proper way of using the time-out disciplinary technique. (Id. at 59). For example, during some of Ms. Johnson’s visits to appellant’s home, Ms. Johnson witnessed appellant inappropriately disciplining her children by sitting them still in the hallway for extended periods of time, even the entire time of Ms. Johnson’s visit. Id.

On April 19, 1994, at a hearing before the Court of Common Pleas, evidence was presented that raised serious concerns for the trial court as to appellant’s mental health status and her ability to care for and protect her children. The evidence presented included the testimony of Mr. Nelson Hairston, a DHS social worker who testified that T.R. had suffered many bodily injuries, including four fractured ribs, at the hands of his two older brothers and that appellant failed to protect T.R. Additionally, Mr. Hairston testified that T.R. had previously suffered the aforementioned eye injuries that were caused by some kind of blunt object.

At the conclusion of the testimony, the trial court ordered appellant to submit to a psychological evaluation. Appellant objected to the psychological evaluation and the disclosure of its results; additionally, appellant requested that the trial court review the evaluation in camera. As a result, the trial court ordered the parties to submit memo-randa of law on or before the next hearing date of May 12,1994 on the issue of whether the trial court had the authority to review the evaluation in camera without disclosing the results of the evaluation to the interested parties.

DHS arranged for appellant to be evaluated on May 12, 1994 at the Family Court Building in Philadelphia by licensed clinical psychologist, Sol Barenbaum, Ph.D., because she missed a prior appointment with a psychologist. After the psychological evaluation was performed, appellant’s counsel again objected, questioning the court’s authority to compel the evaluation. As a result of this objection, the trial court ordered Dr. Barenb-aum to prepare a written report pursuant to said evaluation and to deliver it directly to the trial court in a sealed envelope. In addition, the trial court again ordered counsel for the interested parties to submit memoranda of law on the issues of whether the trial court had the authority to compel appellant to submit to a psychological evaluation and, if so, whether a report made pursuant to said psychological evaluation may be released to the interested parties.

At the hearing on May 12, 1994, after the psychological evaluation issue was heard, DHS requested that the trial court grant a restraining order for all four of appellant’s children. Based upon the evidence presented, the trial court found that T.R.’s continuation in appellant’s home would be contrary to the welfare of T.R. and his siblings and that DHS made appropriate, reasonable efforts to prevent placement, and thus granted a restraining order for the children who were temporarily committed to DHS.2

On September 29,1994, the trial court held in part that it had the authority to compel appellant to submit to a psychological evaluation and that the psychological report prepared pursuant to the psychological evaluation could be released to the interested parties. (N.T. 9/29/94 at 3). At appellant’s request, the trial court stayed the order for thirty days to permit the parties to appeal. (Id. at 13). This appeal ensued.

Appellant presents the following issues on appeal:

[1263]*12631. DID THE TRIAL COURT ERR IN RULING THAT AT A DISPOSI-TIONAL REVIEW HEARING UNDER THE JUVENILE ACT, THE COURT HAD THE AUTHORITY TO COMPEL A PARENT TO SUBMIT TO A PSYCHOLOGICAL EVALUATION?
2. DID THE TRIAL COURT ERR IN RULING THAT AT A DISPOSI-TIONAL REVIEW HEARING UNDER THE JUVENILE ACT, THE COURT HAD THE AUTHORITY TO COMPEL A PARENT TO SUBMIT TO A PSYCHOLOGICAL EVALUATION AND RELEASE THE TESTING, EVALUATION AND PSYCHOLOGICAL REPORT TO THE INTERESTED PARTIES?

Appellant’s Brief at 6.

Before we address appellant’s issues, we will discuss whether this Court possesses subject-matter jurisdiction over this appeal. An order that is separable from and collateral to a cause of action may become appeal-able under certain circumstances. Hutchi-son by Hutchison v. Luddy, 417 Pa.Super. 93, 107, 611 A.2d 1280, 1287 (1992) (citing Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949)). The three prongs of the Cohen test must be satisfied in order for this order to be appealable. First, the order appealed must be separable from and collateral to the main cause of action. Second, the right involved must be too important to be denied review. Third, the question presented must be that if review is postponed until a final judgment is rendered in the case, the claimed right will be irreparably lost. Id. (citing Pugar v. Greco, 483 Pa. 68, 394 A.2d 542 (1978); Kronz v. Kronz, 393 Pa.Super. 227, 574 A.2d 91 (1990); Beasley v. Beasley, 348 Pa.Super.

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Bluebook (online)
665 A.2d 1260, 445 Pa. Super. 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tr-pasuperct-1995.