Matter of Adoption of BBC

ROONEY, Justice (Retired),

dissenting in part.

I dissent only from that part of the majority opinion which results in a reversal.

The herein contested part of the majority opinion is that part premised on an alleged failure of the district court to comply with the direction of this court on remand of the first appeal relative to holding a hearing on specific issues. We worded the remand in the first appeal:

“[W]e remand this matter for a timely hearing before the trial court to determine what is now in the best interest and welfare of BBC pertaining to his temporary care, custody, and control, as…