In Re Melissa C.

ROBERTS, Justice.

The Department of Human Services appeals from the judgment of the Androscog-gin County Probate Court granting the petition for adoption of Melissa C. filed by Melissa’s maternal grandparents. The petition was granted without consent of the department, Melissa’s legal custodian. The department moved to dismiss the petition on the ground that its consent was required under 19 M.R.S.A. § 532(1)(C) (1981),1 but the court denied the motion. The court determined that the refusal of the department to consent was arbitrary, capricious and unreasonable. Because we agree with the…