In Re: T.R., J.M., C.R., and C.R. , Appeal of: A.W. (Concurring Opinion)

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[J-92-1997] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT IN THE MATTER OF: T.R., J.M., C.R., AND C.R. APPEAL OF A.W. : : : : : : : : : : : : No. 89 E.D. Appeal Docket 1996 Appeal from the Order of the Superior Court entered October 5, 1995 at No. 3682PHL94 affirming the Order of the Court of Common Pleas of Philadelphia County, Family Division, entered September 29, 1994 At Nos. 9204-6912, 9405-2358, 2359 & 2360 ARGUED: April 30, 1997 CONCURRING OPINION MR. JUSTICE NIGRO DECIDED: June 23, 1999 I agree with the majority that, under the circumstances of this case, the trial court erred in ordering A.W., the mother of T.R., J.M., C.R. and C.R., to involuntarily submit to a psychological evaluation. I write separately, however, to note that once a parent refuses to submit to a psychological evaluation, as A.W. did here, the trial court should be entitled to draw a negative inference from that refusal when determining the appropriate placement of the child. See 42 Pa. C.S. § 6351.

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