CVC

This mandate proceeding poses novel questions as to the rights of prospective adoptive parents whose status is terminated by the placement agency’s demand for the child’s return — whether the due process guarantee of the Fourteenth Amendment entitles the prospective parents to pre-termination notice and hearing; whether judicial review entails a de novo decision supported by the weight of the evidence or a narrower inquiry into the agency’s abuse of discretion.

In November 1971 the Sacramento County Department of Social Welfare, a licensed adoption agency, placed an 18-month-old girl with Mr. and Mrs. C (the petitioners in this action) as prospective adoptive parents. In July 1972 the department notified petitioners that the placement “is hereby cancelled.” Thereafter it demanded the child’s return and filed a habeas corpus petition in the Sacramento Superior Court to enforce its demand. Mr. and Mrs. C filed a mandate petition, seeking review of the agency’s decision. The two actions were consolidated for hearing. After receiving evidence the superior court on October 10, 1972, entered an order finding that the county agency had not abused its discretion and directing…