(a)
If the court, by order or judgment, declares a child free from the custody and control of both parents under this part, or one parent if the other no longer has custody and control, the court shall at the same time take one of the following actions:
(1)
Appoint a guardian for the child.
(2)
At the request of the State Department of Social Services or a licensed adoption agency, or where the court finds it is in the child’s best interest, refer the child to a licensed adoption agency for adoptive placement by the agency.
(b)
When the court refers the child to a licensed adoption agency for adoptive placement by the agency:
(1)
The agency is responsible for the care of the child and is entitled to the exclusive custody and control of the child at all times until a petition for adoption has been granted.
(2)
After the
referral, no petition for guardianship may be filed without the consent of the agency.
(3)
No petition for adoption may be heard until the appellate rights of the natural parents have been exhausted.