In re Blaine
New York Family Court
54 Misc. 2d 248, 282 N.Y.S.2d 359 (1969)
- Written by Meredith Hamilton Alley, JD
Facts
A state agency (plaintiff) filed a neglect petition, alleging that Mr. and Mrs. Blaine (defendants) had neglected their children, Robert and Anne Blaine. The court determined that the children were neglected, then turned to the dispositional phase of the proceedings, when the court would determine how best to provide for the children’s care. The court admitted a report prepared by a psychiatrist who was a member of the court staff. The court was familiar with the psychiatrist and his qualifications because the psychiatrist frequently provided such reports to the court. The psychiatrist did not testify or appear at the hearing. The court questioned Mr. and Mrs. Blaine about their interactions with the psychiatrist and the psychiatrist’s interactions with the children. The court admitted the report, and Mr. and Mrs. Blaine offered no rebuttal. Mr. Blaine objected to the admission of the psychiatrist’s report because the psychiatrist was not available at the hearing for cross-examination.
Rule of Law
Issue
Holding and Reasoning (Dembitz, J.)
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