Opinion
May 23, 1980
Appeal from the Monroe County Family Court.
Present — Simons, J.P., Hancock, Jr., Callahan, Doerr and Moule, JJ.
Order unanimously reversed, without costs, and matter remitted to Monroe County Family Court for further proceedings in accordance with the following memorandum: Family Court abused its discretion in proceeding to trial on a permanent neglect petition pursuant to section 384-b Soc. Serv. of the Social Services Law without the presence of the child's court appointed Law Guardian. Subdivision (a) of section 249 FCT of the Family Court Act provides that a Law Guardian must be appointed to represent a child in this type of proceeding if the child does not have retained counsel, and case law recognizes that the presence of the child's Law Guardian at trial is necessary to protect the child's interests in such proceedings which pit the natural parent against an agency which seeks termination of parental rights (Matter of Orlando F., 40 N.Y.2d 103; Matter of Burns, 66 A.D.2d 740; Matter of Carmen G.F., 63 A.D.2d 651).