IN RE: TROY S.H. (Anonymous). (2024)

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the Dutchess County Department of Community and Family Services appeals from an order of fact-finding and disposition of the Family Court, Dutchess County (Joseph A. Egitto, J.), dated October 21, 2022.  The order of fact-finding and disposition, insofar as appealed from, after an inquest, and upon a finding that the mother permanently neglected the subject child, suspended judgment for a period of one year without holding a dispositional hearing.

ORDERED that the order of fact-finding and disposition is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Dutchess County, for a dispositional hearing and a determination thereafter.

The petitioner commenced this proceeding pursuant to Social Services Law § 384–b to terminate the mother's parental rights to the subject child on the ground of permanent neglect.  The mother failed to appear at a scheduled court date, and the Family Court scheduled an inquest, which was conducted in the mother's absence.  In an order of fact-finding and disposition dated October 21, 2022, the court found that the mother permanently neglected the child, stated that it had sufficient information to issue a dispositional order without any further hearing, and suspended judgment for a period of one year.  The petitioner appeals from the dispositional portion of the order.

The Family Court should not have dispensed with the dispositional hearing in the absence of the consent of the parties (see Family Ct Act §§ 625[a];  631;  Matter of Isabella R.W. [Jessica W.], 142 A.D.3d 503, 504–505, 36 N.Y.S.3d 205;  Matter of Imani M., 61 A.D.3d 870, 871, 877 N.Y.S.2d 417).  Accordingly, we remit the matter to the Family Court, Dutchess County, for a dispositional hearing and a determination thereafter.

DILLON, J.P., CONNOLLY, WARHIT and LANDICINO, JJ., concur.