Connecticut Trial Court Orders Observation and Videotape of Neuropsychological Evaluation
Aaron Steiner, a minor plaintiff, sustained personal injuries and filed a Complaint against the New Fairfield Board of Education. Defendants requested a neuropsychological examination. Plaintiff objected asserting the right to have the neuropsychological testing observed and videotaped. Defendants opposed that request.
Most recently, the Superior Court, Judicial District of Danbury in the matter of Steiner v. New Fairfield Board of Education, (No. DBD CV 09-5006356 S) ruled that defendants were entitled to a neuropsychological evaluation. However, the Court ruled that the evaluation must be conducted in a facility that had a one way mirror. The Court also ruled that counsel for both the plaintiff and defendants would be permitted to observe and videotape the examination behind the one way mirror. The videotape, any recorded observations, and the test results would be subject to a confidentiality agreement and available solely to counsel and their respective clients. Finally, the Court ruled that the testing examiner would have total control of the manner of testing, the tests to be conducted, the format of the testing, and any questions related to the testing. The examiner had the right to halt the testing at any time in his/her’s sole discretion.
The Order was signed by Judge Schofield.