Opinion
March 8, 1996
Appeal from the Niagara County Family Court, Halpin, J.
Present — Denman, P.J., Pine, Wesley, Callahan and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: The Niagara County Department of Social Services (DSS) filed a petition for an order adjudicating Verquan B. to be a permanently neglected child and committing guardianship and custody of the child to DSS. Family Court held a fact-finding hearing on the petition; respondent, who had notice of the hearing, failed to appear. The court issued an order adjudging the child to be permanently neglected. Respondent appeared on the date of the scheduled dispositional hearing, requesting continued visitation with his child. The court did not conduct a dispositional hearing, and terminated respondent's parental rights after oral argument by counsel.
The court's finding of permanent neglect is supported by the record. The determination terminating respondent's parental rights must be vacated, however, because the court failed to conduct a dispositional hearing ( see, Family Ct Act § 623, 625 Fam. Ct. Act [a]; § 631; Matter of Casondra W., 184 A.D.2d 1070; Matter of Rosa B., 161 A.D.2d 1152). The parties did not agree to dispense with the dispositional hearing and, absent consent, the requirement of a dispositional hearing may not be circumvented ( see, Family Ct Act § 625 [a]; Matter of Rosa B., supra, at 1153). We modify the order on appeal, therefore, by vacating the second and third ordering paragraphs, and we remit the matter to Niagara County Family Court for a dispositional hearing.