In Re Hanna S.

The minor, Hanna S., appeals an order made at a special hearing under the Welfare and Institutions Code. Hanna, who was freed for adoption in October 2002, wanted to be placed in the home of her paternal aunt and uncle, Kim S. and Charles K. However, because Kim and Charles had criminal records and Kim had a record with Child Protective Services (CPS), Hanna could not be placed with them unless the social worker obtained a criminal records exemption. (§ 361.4, subd. (d)(2).) Hanna asserts the juvenile court should have determined the San Diego County Health and Human Services Agency (Agency) abused its discretion because the social worker never sought an exemption. We conclude the social worker did in fact seek an exemption, and, accordingly, affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

Hanna was bom in Febmary 1999 with marijuana in her system. Her mother, Angela D., admitted having smoked marijuana three days before the child’s birth. Angela declined the services offered by the social worker and Hanna was taken into protective custody. Later that month, Angela and Michael S., Hanna’s father, agreed to participate in voluntary services and signed a voluntary…