(a) If at any timebetween the filing of a petition to adopt a minor and the issuance of the finalorder completing the adoption it appears to the court that the minor should notbe adopted by the petitioners or the petition should be dismissed for someother reason, the court may dismiss the proceeding.
(b) The court, beforeentering an order to dismiss the proceeding, shall give at least five days'notice of the motion to dismiss to the parties, to the agency that made thereport to the court, and to the Department of Health and Human Services. Theparties and agency entitled to notice under this subsection, and theDepartment, shall be entitled to a hearing on the issue of dismissing theproceeding.
(c) If the court deniesthe petition, the custody of the minor shall revert to any agency or personhaving custody immediately before the filing of the petition. If the placementof the minor was a direct placement under Article 3 of this Chapter, the courtshall notify the director of social services of the county in which thepetition was filed of the dismissal, and the director of social services shallbe responsible for taking appropriate action for the protection of the minor. (1949,c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 6.;1995, c. 457, s. 2; 1997‑215, s. 6(a); 1997‑443, s. 11A.118(b).)
(a) If at any timebetween the filing of a petition to adopt a minor and the issuance of the finalorder completing the adoption it appears to the court that the minor should notbe adopted by the petitioners or the petition should be dismissed for someother reason, the court may dismiss the proceeding.
(b) The court, beforeentering an order to dismiss the proceeding, shall give at least five days'notice of the motion to dismiss to the parties, to the agency that made thereport to the court, and to the Department of Health and Human Services. Theparties and agency entitled to notice under this subsection, and theDepartment, shall be entitled to a hearing on the issue of dismissing theproceeding.
(c) If the court deniesthe petition, the custody of the minor shall revert to any agency or personhaving custody immediately before the filing of the petition. If the placementof the minor was a direct placement under Article 3 of this Chapter, the courtshall notify the director of social services of the county in which thepetition was filed of the dismissal, and the director of social services shallbe responsible for taking appropriate action for the protection of the minor. (1949,c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 6.;1995, c. 457, s. 2; 1997‑215, s. 6(a); 1997‑443, s. 11A.118(b).)
(a) If at any timebetween the filing of a petition to adopt a minor and the issuance of the finalorder completing the adoption it appears to the court that the minor should notbe adopted by the petitioners or the petition should be dismissed for someother reason, the court may dismiss the proceeding.
(b) The court, beforeentering an order to dismiss the proceeding, shall give at least five days'notice of the motion to dismiss to the parties, to the agency that made thereport to the court, and to the Department of Health and Human Services. Theparties and agency entitled to notice under this subsection, and theDepartment, shall be entitled to a hearing on the issue of dismissing theproceeding.
(c) If the court deniesthe petition, the custody of the minor shall revert to any agency or personhaving custody immediately before the filing of the petition. If the placementof the minor was a direct placement under Article 3 of this Chapter, the courtshall notify the director of social services of the county in which thepetition was filed of the dismissal, and the director of social services shallbe responsible for taking appropriate action for the protection of the minor. (1949,c. 300; 1961, c. 186; 1969, c. 982; 1973, c. 476, s. 138; 1983, c. 454, s. 6.;1995, c. 457, s. 2; 1997‑215, s. 6(a); 1997‑443, s. 11A.118(b).)
