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      CHC 1178     


Art. 1178.  Order and revocation

A.  At the conclusion of the hearing, the court shall render an order approving or disapproving the placement of the child with the prospective adoptive parents.

B.  The order shall be in writing, dated, and signed by the court and shall authorize adoptive placement of a child at any time within a period of twelve months from its date.

C.  A certified copy of a court order approving the adoptive placement shall be given to the prospective adoptive parents.

D.  Any order disapproving the adoptive placement shall include specific reasons therefor.

E.  The court shall render a decision that is in the best interest of the child and shall consider all relevant factors including those provided in Article 1177(B).

F.(1)  The existence of a criminal record of a prospective adoptive parent shall not be automatic grounds to disapprove placement of the child with the prospective adoptive parents.  The court shall consider all of the following:

(a)  The nature of the offenses.

(b)  The number of offenses committed.

(c)  The length of time between offenses and between the last offense committed and the application for court approval.

(2)  Subsequent to the entry of an order approving an adoptive placement, if the result of a criminal records check or the results of abuse or neglect validated complaint records check indicate that the prospective adoptive parents failed to disclose such unfavorable information at the hearing, the court may issue an instanter order taking protective custody of the child, pursuant to Article 619, if this information, if known, together with other evidence presented at the hearing would have resulted in the court's disapproval of the adoptive placement.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 2003, No. 567, §1; Acts 2013, No. 187, §1.

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