9.04.110 Notice of Petition; Investigation and Hearing

(a) After the filing of a petition to adopt a minor, the Court shall fix a time and place for hearing the petition. At least twenty days before the date of hearing, notice of the filing of the petition and of the time and place of hearing shall be given by the petitioner to:

(1) Turtle Mountain Tribal Councilor designated agency.

(2) Any agency or person whose consent to the adoption is required by this chapter but who has not consented.

(3) A person whose consent is dispensed with upon any ground mentioned in Subdivisions: (1), (2), (6), (8), (9), and (10) of Subsection (a) of Section 9.04.060 but who has not consented; and

(4) Any person identified by the Court as a natural parent or a possible natural parent of the minor, upon making inquiry to the extent necessary and appropriate, unless the person has relinquished parental rights or his parental rights have been previously terminated by a Court. The notices shall be accompanied by a copy of the petition.

(b) An investigation shall be made by the Bureau of Indian Affairs Social Services, a county social service board, a licensed child placing agency, or any other qualified agency or person designated by the Court to inquire into the pre and existing conditions of a minor sought to be adopted, and of the petition for the purpose of ascertaining whether the adoptive home is a suitable home for the minor and whether the proposed adoption is in the best interest of the minor.

At the discretion of the court, such investigation shall not be required if a similar investigation has been made by a licensed child placing agency within six months of the filing of the petition.

(c) A written report of the investigation shall be filed with the Court by the investigator before the petition is heard.

(d) The report of the investigation shall contain an evaluation of the placement with a recommendation as to the granting of the petition for adoption and any other information the Court requires regarding the petitioner or the minor.

(e) An investigation and report is not required in cases in which a stepparent is the petitioner or the person to be adopted is an adult. The Bureau of Indian Affairs Social Services when required to consent to the adoption may give consent without making the investigation.

(f) The Bureau of Indian Affairs Social Services or the agency or persons designated by the Court to make the required investigation may request other departments or agencies within this state to make investigations of designated portions of the inquiry as may be appropriate and to make a written report thereof as a supplemental report to the Court and shall make similar investigations and reports on behalf of other agencies or persons designated by the Courts of this state or another place.

(g) After the filing of a petition to adopt an adult, the Court by order, shall direct that a copy of the petition and a notice of the time and place of the hearing be given to any person whose consent to the adoption is required but who has not consented. The Court may order an appropriate investigation to assist it in determining whether the adoption is in the best interest of the persons involved.

(h) Notice shall be given in the manner appropriate under Rules of Civil Procedure for the service of process in a civil action or in any manner the Court by order directs. Proof of the giving of the notice shall be filed with the Court before the petition is heard.