Opinion
May 26, 1998
Appeal from the Family Court, Orange County (Bivona, J.).
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family court, Orange County, for a dispositional hearing in accordance herewith. The Family Court's findings of fact are affirmed.
The evidence adduced at the fact-finding hearing clearly and convincingly established that the father had permanently neglected his son by failing to plan for his future for a period of more than one year, notwithstanding the diligent efforts of the petitioner (see, Social Services Law § 384-b [a]; Matter of Gregory B., 74 N.Y.2d 77; Matter of Anthony R., 239 A.D.2d 586). Nevertheless, the matter must be remitted.
It was reversible error for the Family Court to dispense with a dispositional hearing in the absence of the consent of the parties (see, Family Ct Act § 631; Matter of Shavonda GG., 232 A.D.2d 780, 782; Matter of Verquan B., 225 A.D.2d 1062; Matter of Westchester County Dept. of Social Servs. [Thomas DeWayne W.], 207 A.D.2d 496; Matter of Casondra W., 184 A.D.2d 1070; Matter of Jessica UU., 174 A.D.2d 98; Matter of Rosa B., 161 A.D.2d 1152; Matter of Loretta OO., 114 A.D.2d 648; Matter of Amber W., 105 A.D.2d 888, 891-892). At the conclusion of the fact-finding hearing, the Assistant County Attorney asked the court how it intended to proceed and the court replied that it would render a dispositional order without holding a separate dispositional hearing. Neither the Law Guardian nor the attorney for the father consented to this. Since there was no specific waiver of the otherwise statutorily-required hearing, the court's dispositional order is improper and the matter must be remitted for a dispositional hearing (see also, Matter of Department of Social Servs. [Scott M.], 237 A.D.2d 603; Matter of Jessica FF., 211 A.D.2d 948; Matter of Brian W., 199 A.D.2d 1021).
Bracken, J.P., Miller, O'Brien and Copertino, JJ., concur.