Ordered that the order of disposition is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family court, Orange County, for a dispositional hearing in accordance herewith. The Family Court's findings of fact are affirmed.
The evidence adduced at the fact-finding hearing clearly and convincingly established that the father had permanently neglected his son by failing to plan for his future for a period of more than one year, notwithstanding the diligent efforts of the petitioner (see, Social Services Law § 384-b [a]; Matter of Gregory B., 74 N.Y.2d 77; Matter of Anthony R., 239 A.D.2d 586). Nevertheless, the matter must be remitted.
It was reversible error for the Family Court to dispense with a dispositional hearing in the absence of the consent of the parties (see, Family Ct Act § 631; Matter of Shavonda GG., 232 A.D.2d 780, 782; Matter of Verquan B., 225 A.D.2d 1062; Matter of Westchester County Dept. of Social Servs. [Thomas DeWayne W.], 207 A.D.2d 496; Matter of Casondra W., 184 A.D.2d 1070; Matter of Jessica UU., 174 A.D.2d 98; Matter of Rosa B., 161 A.D.2d 1152; Matter of Loretta OO., 114 A.D.2d 648; Matter of Amber W., 105 A.D.2d 888, 891-892). At the conclusion of the fact-finding hearing, the Assistant County Attorney asked the court how it intended to proceed and the court replied that it would render a dispositional order without holding a separate dispositional hearing. Neither the Law Guardian nor the attorney for the father consented to this. Since there was no specific waiver of the otherwise statutorily-required hearing, the court's dispositional order is improper and the matter must be remitted for a dispositional hearing (see also, Matter of Department of Social Servs. [Scott M.], 237 A.D.2d 603; Matter of Jessica FF., 211 A.D.2d 948; Matter of Brian W., 199 A.D.2d 1021).
Bracken, J.P., Miller, O'Brien and Copertino, JJ., concur.