In re Patricia P

In In re Patricia P., 117 Misc.2d 826, 459 N.Y.S.2d 392 (Pam. Ct. Bronx County 1983) the court denied respondent's motion requesting the presence of his counsel at the court-ordered psychiatric examination in a proceeding to extend the placement of the child. (117 Misc.2d. at 829.) Even assuming that the Wade test were to apply to a neglect proceeding, the Patricia P. court held that the nature and context of the psychiatric examination did not rise to the level of a critical stage as set forth in Wade. (Id. at 828.) The Patricia P. court found that: "...the examination in question is nonadversarial in nature and that no systemic bias exists, nor is there any evidence of particular or individual prejudice against the respondent offered. Respondent is adequately protected by the availability and provision of the psychiatric report prior to court hearing, the right to cross-examine the psychiatric examiner, and to submit contradictory psychiatric evaluation, or other evidence of such nature, to the court." (Id. at 829.)