LIVINGSTON COUNTY DEPARTMENT OF SOCIAL SERVICES JAMIE v. TRACY (2005)

 We agree with petitioner that, having terminated respondent's parental rights on the ground of permanent neglect, Family Court lacked authority to issue an order permitting supervised visitation between respondent and her two children.   Visitation is authorized only where parental rights are surrendered voluntarily, in which case “[t]he judge or surrogate ․ shall inform the parent of the consequences of such surrender, including informing such parent that the parent is giving up all rights to ․ visit with ․ the child[ren], forever, unless the parties have agreed to different terms” pursuant to Social Services Law § 383-c(2) (§ 383-c[3] [b] ).  The court thus lacked authority to issue the order permitting supervised visitation herein (see Matter of April S., 307 A.D.2d 204, 762 N.Y.S.2d 380, lv. denied 1 N.Y.3d 504, 775 N.Y.S.2d 781, 807 N.E.2d 894;  Matter of Rita VV., 209 A.D.2d 866, 868-869, 619 N.Y.S.2d 218, lv. denied 85 N.Y.2d 811, 631 N.Y.S.2d 287, 655 N.E.2d 400;  cf. Matter of Corinthian Marie S., 297 A.D.2d 382, 746 N.Y.S.2d 606).

It is hereby ORDERED that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the visitation provisions are vacated.

MEMORANDUM: