T.W.

T.W., a minor child, seeks review of a juvenile court order denying the petition of the San Diego County Health and Human Services Agency (Agency) to remove him from the home of his prospective adoptive parent under Welfare and Institutions Code 1 section 366.26, subdivision (n). He contends the juvenile court abused its discretion when it determined removal from the home was not in his best interests. The Agency joins T.W.’s petition, asserting the juvenile court did not have jurisdiction to review or override its executive decision under section 16514, subdivision (c), denying T.W.’s placement in the prospective adoptive parent’s home.

Here, T.W.’s prospective adoptive father had previously adopted a highly traumatized foster child who was “active” to the gang suppression unit, had committed an escalating series of violent crimes, and was adjudged a ward of the juvenile court under section 602 in April 2010, before T.W.’s placement. *34 The Agency did not consider the ward’s status to present a risk to T.W. until August 2011, eight months after he had been placed in the home of his prospective adoptive parent, and after T.W. was told he was to be adopted. The social…