Department of Social Services v. Superior Court of Siskiyou County

In this consolidated appeal and petition for writ of mandate, we address whether the juvenile court has authority to independently determine the appropriate interim placement of minors pending their adoption after the court has terminated parental rights and referred the minors to the Department of Social Services (DSS) for adoptive placement, or whether DSS has the sole authority to determine such placement, subject only to judicial review for abuse of discretion.

We agree with DSS that the juvenile court erred in ordering the agency to move the minors, Theodore D. and Katelin D., from the placement selected by DSS to one chosen by the court.

As we shall explain, the Legislature has granted the agency to which a minor is referred for adoption, in this case DSS, the “exclusive” custody, control and supervision of the minor referred for adoptive placement. (Welf. & Inst. Code, § 366.26, subd. (j); Fam. Code, § 8704.) This exclusive authority includes the “discretion” to place the minor in, and if necessary remove the minor from, a prospective adoptive home or “temporary care,” i.e., foster care placement for the minor pending adoptive placement. (Fam. Code, § 8704.)…