15-11-321. Custody of child following termination proceedings or surrender of parental rights; use of hearsay evidence.

When a court enters an order terminating the parental rights of a parent or accepts a parent’s voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child’s court approved permanency plan created pursuant to Code Sections 15-11-231 and 15-11-232. In determining which placement is in a child’s best interests, the court shall enter findings of fact reflecting its consideration of the following:#

1. (1)

   Such child’s need for a placement that offers the greatest degree of legal permanence and security;#

2. (2)

   The least disruptive placement for such child;#

3. (3)

   Such child’s sense of attachment and need for continuity of relationships;#

4. (4)

   The value of biological and familial connections; and#

5. (5)

   Any other factors the court deems relevant to its determination.#

The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights.#

A guardian or legal custodian shall submit to the jurisdiction of the court for purposes of placement.#

A placement effected under the provisions of this Code section shall be conditioned upon the person who is given custody or who is granted an adoption of a child whose parents have had their parental rights terminated or surrendered agreeing to abide by the terms and conditions of the order of the court.#

In addition to its rights as a legal custodian, the department has the authority to consent to the adoption of a child whose parents have had their parental rights terminated or surrendered.#