Legal Question in Family Law in Pennsylvania

Forced Psychological Evaluation

Friends of mine had their son (9) taken by Children and Youth Services in December of 1999 in Venango County, PA. The reason was truancy (they home schooled) and the quality of living conditions. No abuse was ever aledged, just simple neglegence. All issues have been argued and a mobile home installed despite the fact that an old farmhouse is in good shape and is not about to fall down as was claimed by CYS. But now CYS is demanding the parents submit to a Psychological exam which a previous judge would not hear of. Otherwise, all orders of the Court are complied with. We believe there is a Federal law prohibiting forced/coersed psych exams.

What is that law?

Also, The origional Order of the Court authorized an assesment and interview....''allow...to access and assess the home, and to speak with''...the boy. It said nothing about taking the child....who was draged off by a uniformed state cop...in sheer terror...from inside the home.

Standing at the end of the driveway...waiting...was a neighbor who now demands to adopt the boy. The parents were duped and snookered, in a state of panic, into leting the neighbor take their son...the very rich neighbor has never been a licensed foster parent.


Asked on 4/22/01, 4:08 am

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Forced Psychological Evaluation

I am not aware of any law prohibiting a psychological evaluation in a custody case. To the contrary, the state has paramount concern about the welfare of children and such evaluations are routine. Moreover, it is a helpful tool for the court to obtain a somewhat independent view of the parents.

Regarding custody by a non relative, the same is not permissible unless that person can prove that they are in loco parentis. That term is generally defined as a person who stands in the place of the parent and acts as the parent. Absent such a showing, custody will not be awarded to that person.

However, foster care involves the placement by CYS into a home of individuals who qualify. It is usually a temporary arrangement pending permanent placement or return to the parents.

I hope this has been helpful, but feel free to call or e-mail with further questions.

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Answered on 6/15/01, 11:03 am


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