Matter of Elias P. (Ferman P.)

Hinds-Radix, J.,

dissents, and votes to reverse the orders ap*1071pealed from, on the law, and to dismiss the petitions against the father, with the following memorandum: The father challenges the termination of his parental rights to his four children, based upon a finding of permanent neglect, for failure to plan for the children for more than one year after their placement in foster care. Because I disagree with the conclusion of my colleagues in the majority that the Family Court properly found that the father failed to plan for his children, I respectfully dissent.

According to the petitioner’s…