Order unanimously reversed on the law without costs and petition dismissed.
Memorandum:
Family Court erred in granting the petition seeking to terminate respondent's parental rights on the ground of permanent neglect (see, Social Services Law § 384-b [4] [d]; [7] [a]). It is well settled that, "[w]hen a child-care agency has custody of a child and brings a proceeding to terminate parental rights on the ground of permanent neglect, it must affirmatively...
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