Rule 414 - Petition to Revoke Consent(a)Petition to Revoke Consent. A person seeking to revoke the person's own consent to the adoption of a child before entry of a final order of adoption must file a petition stating the basis for the relief sought. A person who seeks to revoke consent after entry of a final adoption order must proceed under Rule 417.(b)Service. The court must prepare a notice of hearing that specifies the date, time, and location of an initial hearing.(1) The court must provide a copy of the petition and notice of hearing to the prospective adoptive parent or the parent's attorney, DCS, or the agency to whom the consent was originally given. The court must provide the copies in a manner that is reasonably calculated to provide prompt notice.(2) If the original consent was given to DCS or another agency, the entity must provide copies of the petition to revoke consent and notice of hearing to the prospective adoptive parent.(c)Appointment of Counsel. The court must appoint counsel for an indigent petitioner as provided in Rule 404.(d)Appointment of a GAL. On a party's or the court's own initiative, the court may appoint a GAL for the child. If the court grants the petition to revoke consent, the GAL, if warranted, may file a dependency petition.(e)Initial Hearing and Evidentiary Hearing. The court must set an initial hearing no later than 15 days after the petition is filed. At the initial hearing, the court must determine whether notice has been provided, and if so, the court must set a date for an evidentiary hearing no later than 30 days after the initial hearing. The court may set a mediation before that date. The court also must order that the parties exchange information as provided in Rule 136 no later than 15 days before the evidentiary hearing. The court may extend these time limits for good cause.(f)Burden of Proof. The person seeking to revoke consent must prove by clear and convincing evidence that the consent to adopt was the result of fraud, duress, or undue influence.(g)Procedure. The court must consider evidence in the form of testimony and documents that have been admitted into evidence under Rule 104(b). (h)Findings and Orders. The court's findings must be in a signed minute entry or order. If a consent is revoked, the court must enter orders concerning the custody of the child. The court must advise the parties of their right to appeal.(i)Revocation of Consent to Adopt an Indian Child. The parent of an Indian child who seeks to revoke a consent to adopt may do so at any time before the court enters a final order of termination of parental rights or adoption. The revocation may be accomplished by filing a sworn statement of intent to revoke consent with the clerk of the court where the consent was originally filed, or as otherwise required by 25 C.F.R. § 23.128. The court must then order the return of the Indian child as soon as practicable to the custody of the parent.COMMENT TO 2022 AMENDMENT
Proceedings to revoke a consent to adopt should be more formal and more expeditious than other types of juvenile proceedings due to the potential impact on all parties, particularly the child. The court should consider the appointment of a GAL for the child if it appears that valid grounds exist to revoke the consent.