State Department of Social Services v. Superior Court

In this matter we are required to decide whether the juvenile court has the authority to order dependent children returned to the home of designated prospective adoptive parents when, after a hearing held to determine whether the removal of a child from the home of prospective adoptive parents is in the minors’ best interest (Welf. & Inst. Code, § 366.26, subd. (n); all following unspecified statutory references are to the Welfare and Institutions Code), the court is of the opinion that an emergency removal occurring some three months earlier was in the minors’ best interests but that events that have occurred since the removal justify returning the minors to the designated prospective adoptive parents’ home.

We hold the juvenile court has that authority.

We also hold that section 361.4, which limits the placement of a minor who has come within the jurisdiction of the juvenile court as a dependent child, does not limit the juvenile court’s discretion to order a minor returned to prospective adoptive parents after a hearing held pursuant to section 366.26, subdivision (n).

Petitioners, State Department of Social Services, Adoption Services Bureau (DSS) and Siskiyou…