26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine
the suitability of each petitioner and the home in which the adoptee will be placed. The investigation
shall include a criminal background investigation and any other circumstances which might
be relevant to the placement of an adoptee with the petitioners. A copy of the pre-placement
investigation shall be filed with the court when the petition for adoption is filed. (b) An
individual or couple may initiate a pre-placement investigation by request directly through
the Department of Human Resources or a licensed child placing agency or by filing a request
with the probate court. The court may appoint any agency or individual qualified under subsection
(d) to perform the pre-placement investigation. Upon completion of the investigation, a copy
of the report shall be sent to the petitioners. The report is to be filed with the court at
the time of the filing of the petition for adoption. (c)...
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26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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26-10A-15
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility
shall surrender the physical custody of an adoptee to any person other than the Department
of Human Resources, a licensed child placing agency, parent, relative by blood or marriage,
or person having legal custody, unless such surrender is authorized in a writing executed
after the birth of the adoptee by one of the adoptee's parents or agency or the person having
legal custody of the adoptee. (b) A health facility shall report to the Department of Human
Resources on forms supplied by the department, the name and address of any person and, in
the case of a person acting as an agent for an organization, the name and address of the organization
to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the
department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed
with the petitioners prior to the completion of a pre-placement...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and phrases
shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent to the
petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk of the
court within 30 days after the minor is placed with the prospective adoptive parent or parents
for purposes of adoption unless the minor is in custody of the Department of Human Resources
or a licensed child placing agency except that a petition for good cause shown may be filed
beyond the 30-day period. The petition shall be signed, and verified by each petitioner, and
shall allege: (1) The full name, age, and place of residence of each petitioner and, if married,
the place and date of marriage; (2) The date and place of birth of the adoptee, except in
the case of abandonment; (3) The birth name of the adoptee, any other names by which the adoptee
has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing at
the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person,
agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless
parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed
custodian or guardian of the adoptee. (3) The spouse of any petitioner who has not joined
in the petition. (4) The spouse of the adoptee. (5) The surviving parent or parents of a deceased
parent of the adoptee unless parental rights have been terminated pursuant to Section 12-15-319.
(6) Any person known to the petitioners as currently having physical custody of the adoptee,
excluding foster parents or other private licensed agencies, or having visitation rights with
the adoptee under an existing court order. (7) The agency or individual authorized to investigate
the adoption under Section 26-10A-19. (8) Any other...
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