Ordered that orders are reversed insofar as appealed from, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a new hearing in accordance herewith and new determination thereafter.
Contrary to the petitioner's contention, the Family Court failed to comply with the procedure set forth in the statute for the taking of expert testimony by a psychiatrist or psychologist in a parental rights termination case. Social Services Law § 384-b (6) (e) provides that in every termination of parental rights proceeding with a mental illness cause of action, "the judge shall order the parent to be examined by, and shall take the testimony of, a qualified psychiatrist or a psychologist." In the present case, the psychology expert who testified to the mother's mental illness did not examine the mother, but based his testimony entirely upon examination of the agency and hospital records. Accordingly, the matter must be remitted to the Family Court, Kings County, for a new hearing in accordance herewith and a new determination thereafter.