§10-7505-6.4.

§10-7505-6.4.
   
   A. If the court denies a petition for adoption or vacates a decree of
   adoption, it shall dismiss the proceeding. If no preexisting custody
   order remains in effect, the court shall issue an appropriate order
   for the legal and physical custody of the minor according to the best
   interests of the minor, if the court has jurisdiction to issue a
   custody order.
   
   B. 1. If the court has jurisdiction to issue a custody order, the
   court shall schedule a separate hearing to determine custody of the
   minor. The court shall certify that the petitioner for adoption and
   each parent of the minor has received notice of the date of the
   custody hearing at least fifteen (15) days prior to the date of the
   hearing and that each biological parent who has signed a consent or
   permanent relinquishment has been served in the same manner as summons
   is served in civil cases at least fifteen (15) days prior to the date
   of the hearing. The petitioner for adoption shall be responsible for
   serving any parent who has not entered an appearance in the adoption
   proceeding. If the Department of Human Services or any licensed
   child-placing agency had legal custody at the time the petition was
   filed, the petitioner shall notify the Department or agency of the
   date of the custody hearing.
   
   2. Upon motion to intervene, the court shall join any person entitled
   to notice under this subsection who is not already a party to the
   proceeding.
   
   3. At the hearing, the court may award custody to the biological
   mother, the biological father, the biological parents, if they are
   married, the prospective adoptive parents, or the Department or other
   licensed child-placing agency if the Department or agency had legal
   custody of the child at the time that the petition was filed, pursuant
   to Section 21.1 of this title, in the best interests of the child.
   
   4. The child shall be represented at this hearing pursuant to Section
   7505-1.2 of this title.