MATTER OF ANNIE v. DOWLING

The failure of respondent City Department of Social Services to file the mandatory petition in Family Court for review of the child's placement did not automatically terminate the placement order, nor did it relieve the agency of its ongoing responsibility to the child ( Matter of Dale P., 84 N.Y.2d 72, 80-81; Matter of Carter v. Bane, 159 Misc.2d 786). Moreover, petitioner had no knowledge of the termination of the placement order, nor of her involuntary loss of foster parent status, particularly since the Department continued to make foster care payments leaving petitioner in no position to seek a remedy.

Concur — Murphy, P.J., Rubin, Kupferman, Ross and Tom, JJ.