JINNY N. v. Superior Court

Jinny N., the foster mother of six-year-old Teresa H., seeks a writ of mandate requiring the superior court to reinstate her agency adoption petition (Civ. Code, § 224n), which it dismissed on motion of the Orange County Social Services Agency (SSA). The SSA contends the petition was improper because the agency never placed Teresa H. with petitioner for purposes of adoption. Jinny N. counters that although she originally accepted Teresa as a foster child, the SSA later encouraged her to adopt Teresa, and by actions and words altered her status to that of a prospective adoptive parent. We agree with Jinny N. and issue the writ.

I

Teresa H. was bom October 8, 1980. In August 1983 the SSA placed Teresa with Jinny N. for foster care, and there she has remained ever since. Teresa has now spent more than half her life in Jinny N.’s home.

In October 1984 the juvenile court, referred Teresa to the SSA, in its capacity as a licensed adoption agency, for adoptive placement; Teresa’s biological parents’ rights were in the process of being terminated. In March 1985 Jinny N. filed an independent petition to adopt, Teresa (see Cain v. Adoption Agency (1976) 54 Cal.App.3d 1127,…