Post date: Jul 30, 2011 7:45:35 PM
In the Interest of T.M.W., 553 So. 2d 260, 262 (Fla. Dist. Ct. App. 1989).
In T.M.W. , a birth father opposed the adoption of his daughter by her stepfather. He attempted to justify his conceded lack of contact or communication with the child for several years by contending the presence of PAS. The court granted an order requiring a psychological evaluation of the child with a view to determining whether PAS was present. The Florida District Court of Appeals overturned the order requiring the examination because it failed to meet Florida 's technical requirements. The court specifically declined to make a finding regarding the general acceptance of PAS, however, it permitted a new order to be issued provided the new order met the requirements of the statute. In a footnote, the reviewing court noted that no determination was made as to the general professional acceptance of PAS as a diagnostic tool and went on further to recite the cautionary words of other commentators:
"When considering the theory of expert testimony discussed in this subsection, it is vitally important to avoid confusion engendered by reference to syndromes.... [A]t the present time experts have not achieved consensus on the existence of a psychological syndrome that can detect a child's sexual abuse. Use of the word syndrome leads only to confusion and to unwarranted and unworkable comparisons to battered child syndrome. The best course is to avoid any mention of syndromes." citing Myers, Expert Testimony in Child Sexual Abuse Litigation , 68 Neb. L. Rev. 69 (1989).