Opinion
April 13, 1989
Appeal from the Family Court, Bronx County (Marjorie Fields, J.).
Pursuant to a fact-finding hearing held on April 20, 1988, the Family Court Judge found that Stephanie S. had neglected her 10-year-old son, Delon S., through the infliction of excessive corporal punishment. The court then awarded custody of Delon to his father, Randy S., with a provision for visitation by the mother, and the directive that she undergo parenting skills training.
As conceded by petitioner-respondent Commissioner of Social Services, as well as by the Law Guardian for Delon, the Family Court erred in failing to hold a dispositional hearing after its finding of neglect. Such a hearing is mandated under section 1052 FCT of the Family Court Act, and serves the important function of providing the court with up-to-date examinations and investigations, which will enable the court to fashion its disposition order in accordance with current family conditions. (Matter of Marsha B.F., 110 A.D.2d 549.)
Concur — Kupferman, J.P., Milonas, Kassal, Ellerin and Wallach, JJ.