IN RE: AMANDA G. (Anonymous). (2009)

In related child protective proceedings pursuant to Family Court Act article 10, the attorney for the children appeals, as limited by his brief, and the foster parents appeal, as limited by their brief, from so much of an order of the Family Court, Suffolk County (Tarantino, J.), dated August 25, 2008, as, after a hearing, granted the petition to the extent of directing the return of the child Sean S. to the mother Allison B.   By decision and order on motion of this Court dated September 9, 2008, enforcement of the order was stayed pending hearing and determination of the appeals.

ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Suffolk County, for further proceedings consistent herewith, including a new hearing before a different Judge.

 The foster parents have the right to participate in these neglect proceedings which concern children who reside with them, and have the right to appeal from an order by which they are aggrieved (see Family Ct. Act § 1089 [b][1][i];  CPLR 5511;  Family Ct. Act § 1112[a];  Matter of Dept. of Social Servs. v. Sarah L., 236 A.D.2d 396, 653 N.Y.S.2d 633).

 Under the circumstances of this case, the Family Court erred in directing the return of one of the subject children to the respondent mother without making any determination as to the best interests of that child (see generally Family Ct. Act § 1055;  Matter of Craig B., 289 A.D.2d 327, 328, 734 N.Y.S.2d 493).   Furthermore, given the preconceived opinion expressed by and the lack of impartiality repeatedly exhibited by the Family Court Judge in this case, the matter must be remitted to the Family Court, Suffolk County, for a new hearing and determination by a different Judge.

In view of the foregoing, we need not reach the parties' remaining contentions.