North Carolina General Statutes
Article 2 - General Adoption Procedure.
§ 48-2-604 - Denying petition to adopt a minor.

48-2-604. Denying petition to adopt a minor.
(a) If at any time between the filing of a petition to adopt a minor and the issuance of the final order completing the adoption it appears to the court that the minor should not be adopted by the petitioners or the petition should be dismissed for some other reason, the court may dismiss the proceeding.
(b) The court, before entering 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 the report to the court, and to the Department of Health and Human Services. The parties and agency entitled to notice under this subsection, and the Department, shall be entitled to a hearing on the issue of dismissing the proceeding.
(c) If the court denies the petition, the custody of the minor shall revert to any agency or person having custody immediately before the filing of the petition. If the placement of the minor was a direct placement under Article 3 of this Chapter, the court shall notify the director of social services of the county in which the petition was filed of the dismissal, and the director of social services shall be 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).)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 48 - Adoptions

Article 2 - General Adoption Procedure.

§ 48-2-100 - Jurisdiction.

§ 48-2-101 - Venue.

§ 48-2-102 - Transfer, stay, or dismissal.

§ 48-2-201 - Appointment of attorney or guardian ad litem.

§ 48-2-202 - No right to jury.

§ 48-2-203 - Confidentiality of proceedings under Chapter.

§ 48-2-204 - Death of a joint petitioner or stepparent pending final decree.

§ 48-2-205 - Recognition of adoption decrees from other jurisdictions.

§ 48-2-206 - Prebirth determination of right to consent.

§ 48-2-207 - Necessity of consent post-petition.

§ 48-2-301 - Petition for adoption; who may file.

§ 48-2-302 - Concurrent petitions to adopt and terminate parental rights.

§ 48-2-303 - Caption of petition for adoption.

§ 48-2-304 - Petition for adoption; content.

§ 48-2-305 - Petition for adoption; additional documents.

§ 48-2-306 - Omission of required information.

§ 48-2-401 - Notice by petitioner.

§ 48-2-402 - Manner of service.

§ 48-2-403 - Additional notice of proceedings by petitioner.

§ 48-2-404 - Notice of proceedings by court to alleged father.

§ 48-2-405 - Rights of persons entitled to notice.

§ 48-2-406 - Waiver of notice; effect.

§ 48-2-407 - Filing proof of service.

§ 48-2-501 - Report to the court during proceeding for adoption of a minor.

§ 48-2-502 - Preparation and content of report.

§ 48-2-503 - Timing and filing of report.

§ 48-2-504 - Fee for report.

§ 48-2-601 - Hearing on, or disposition of, adoption petition; transfer of adoption proceeding; timing.

§ 48-2-602 - Disclosure of fees and charges.

§ 48-2-603 - Hearing on, or disposition of, petition to adopt a minor.

§ 48-2-604 - Denying petition to adopt a minor.

§ 48-2-605 - Hearing on petition to adopt an adult.

§ 48-2-606 - Decree of adoption.

§ 48-2-607 - Appeals.