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      CHC 1253     


Art. 1253.  Hearing; petition for intrafamily adoption

A.  The court shall hear the petition for intrafamily adoption within sixty days if there is no opposition or within ninety days if there is opposition.  The court may extend this time for up to sixty days for good cause, which may include a showing by the department that it has been impossible to gather the necessary data within the time prescribed.  The court may reduce the time to a minimum of fifteen days with written approval of the department and the petitioner.

B.  At this hearing the court shall consider:

(1)  Any motion to intervene which has been filed.

(2)  Any other issues in dispute.

(3)  The confidential report of the department, if any.

(4)  The report of any criminal records concerning the petitioner, including the nature of the offenses, the number of offenses, and the length of time between the offenses and between the last offense committed and the petition for intrafamily adoption.  The existence of a criminal record of the petitioner shall not be automatic grounds for the court to refuse to grant an intrafamily adoption.

(5)  The report of any validated complaints of child abuse or neglect concerning the petitioner.

(6)  The testimony of the parties.

C.  If the child to be adopted is twelve years of age or older, the court shall solicit and consider his wishes in the matter.

Acts 1991, No. 235, §12, eff. Jan. 1, 1992; Acts 1993, No. 634, §1, eff. June 15, 1993; Acts 1999, No. 1062, §4, eff. Jan. 1, 2000; Acts 2010, No. 738, §1; Acts 2013, No. 187, §1.

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