Matter of Verena E

In Matter of Verena E., 163 Misc. 2d 464, the court relied upon FCA 1047 (b), upon language of FCA 1038-a, and upon the absence within article 10 of "a statute authorizing the court to order pretrial psychiatric, psychological . . . examinations or reports", to hold that there is no authority under Family Court Act article 10 to compel a Respondent to submit to a pre-fact-finding psychological evaluation. The court cited FCA 1047 (b) as limiting the Family Court's authority to order pre-fact-finding evaluations. Moreover, the court read FCA 1038-a as enlarging, rather than as limiting, discovery in child protection cases.