In re John J.

Levine, J. (dissenting).

Contrary to the view of the majority underlying its determination to modify, it was neither the purpose nor the effect of the Family Court’s order, continuing foster care for a period of two years, to preclude earlier review of foster care or the return of the child to its parents. A proceeding under section 392 of the Social Services Law is intended to monitor the agency’s permanency planning for the child, not to affect the substantive rights of the parties which are governed by the terms of the instrument transferring the child into foster care and the provisions of…