Matter of Ragnar B.-N. (Gary B.-N.)

Summary

The Appellate Division, Fourth Department dismissed a father's appeal from an order terminating his parental rights on the ground of permanent neglect and freeing the child for adoption. The court held that the father's challenges concerned a finding of permanent neglect entered on consent, which was beyond appellate review, while noting that the validity of the consent could be challenged through a motion to vacate or withdraw consent.

Holdings

1. An appeal challenging a permanent-neglect finding entered on the respondent father's consent must be dismissed because the finding is beyond appellate review.
2. A party may challenge whether consent to a permanent-neglect finding was given knowingly, voluntarily, and intelligently by preserving the contention through a motion to vacate the finding or withdraw consent.

Questions Presented

1. Whether the father's appeal challenging the permanent-neglect finding could be reviewed when that finding was entered on his consent.
2. Whether a party may challenge the validity of consent to a permanent-neglect finding by preserving the issue through a motion to vacate the finding or withdraw consent.

Disposition

dismissed