Section 170-B:20 Dismissal of Adoption Proceedings.


   I. If at any time between the filing of a petition and the issuance of the final order completing the adoption it is known to the court that circumstances are such that the adoptee should not be adopted, the court may dismiss the proceedings.
   II. Before entering an order to dismiss the proceedings and prior to a hearing, the court shall give notice of not less than 5 days to the petitioners and to the department or agency having made the assessment, and they shall be entitled to be present at such hearing to admit or refute the facts upon which the impending action of the court is based.
   III. If the petition is dismissed or withdrawn, the custody of the minor child shall revert to the department or agency having had custody prior to the filing of the petition. In all other cases when a petition is dismissed or withdrawn, the minor child shall be placed in the custody of the department and the court shall order the department to make further assessment and report to the court regarding a suitable plan for the future well-being of the minor child.
   IV. The court may order and require persons having an obligation, to contribute to the support and maintenance of the minor child in such amounts and at such times as it determines are just and reasonable.

Source. 2004, 255:1, eff. Jan. 2, 2005.