In re Marcquan C.

Syllabus

The respondent mother appealed to this court from the trial court's order requiring her to participate in a psychological evaluation, issued in the same memorandum of decision with its judgment denying her motion to revoke the commitment of her minor child to the custody and care of the petitioner, the Commissioner of Children and Families. The mother claimed the order was a part of the judgment denying her motion to revoke commitment, alleging that the order, inter alia, violated her right to remain silent in neglect proceedings. Held that this court lacked jurisdiction over the respondent mother's appeal, as the order from which the mother appealed was not a final judgment: the trial court's order for a psychological examination was not a part of the court's judgment denying the motion to revoke commitment, as the court's denial of the motion to revoke commitment was not based on its decision to order the psychological examination; moreover, the trial court's order for a psychological examination was not immediately appealable as it did not satisfy either of the prongs of the test set forth in State v. Curcio (191 Conn. 27) that govern when an interlocutory order is appealable, as the order was an integral part of the ongoing proceedings involving the mother and her child following the uncared for petition brought by the petitioner in that the results of the evaluation could affect the ulti- mate outcome of a later adjudication of the mother's parental rights, and, thus, the resolution of the issue did not constitute a separate and distinct proceeding; furthermore, no presently existing right of the mother had been concluded by the court's order to undergo a psychologi- cal evaluation, as the order did not risk irreparable harm to the mother's custody or visitation rights or to the parent-child relationship, and the order did not directly infringe on or threaten irreparable harm to the mother's right to remain silent or rule on the admissibility of any state- ment