In Re Fay G.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that procedural change allowing probate court to order psychiatric evaluations in termination of parental rights cases properly applied retrospectively even though amendment could potentially affect State’s ability to meet its burden
• giving the probate court the discretion to compel a psychiatric examination where the parent's mental capacity is relevant to determining the parent's ability to care for the child
• dominant consideration is welfare of the child which must prevail over conflicting rights of parent; court ordered psychiatric exam of parent facing termination proceeding
• “the family and the rights of parents over it are fundamental and inherent within the federal and our own State constitutions”
• dominant consideration is welfare of the child which must prevail over conflicting rights of parent; court ordered psychiatric exam of parent facing termination proceeding
• procedural change that allowed probate court to order psychiatric evaluations in termination of parental rights cases properly applied retrospectively even though the court recognized that State’s burden affected

Source: CourtListener parenthetical corpus (CC0).