ROBERTS, Justice.
The Department of Human Services appeals from the judgment of the Androscoggin 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),
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