San Diego County Health & Human Services Agency v. Laura C.

Appellants, the minor, Esperanza C., and her mother, Laura C., appeal orders denying their petitions for modification under Welfare and Institutions Code section 388. (All statutory references are to the Welfare and Institutions Code unless otherwise specified.) Appellants contend the court erred when it determined it did not have jurisdiction to review the social services agency’s denial of a criminal records exemption for abuse of discretion.

When a child is removed from parental custody, the Legislature prefers placement with the child’s relatives, whenever possible. (In re Antonio G. (2007) 159 Cal.App.4th 369, 376-377 [ 71 Cal.Rptr.3d 79 ].) If a relative has a disqualifying criminal conviction, the child cannot be placed in the relative’s home without a grant of a criminal records exemption (exemption) by the State Department of Social Services or its county designee (agency). (§ 361.4, subd. (d)(2).) An erroneous classification of a criminal conviction as a “nonexemptible” offense deprives the juvenile court of its “broad authority to make any and all reasonable orders for the care, custody and supervision of dependent children,” including its specific authority…