Department of Social Services v. Superior Court

In Department of Social Services v. Superior Court (1997) 58 Cal. App. 4th 721, the court held the Legislature has given the social services agency the exclusive care, custody and control of minors referred for adoptive placement following the termination of parental rights. Thus, the juvenile court has no power to use its independent judgment to change the placement decision of the social services agency for a child that had been freed for adoption, but can review its decision only for an abuse of discretion. "Absent a showing that DSS's placement decision is patently absurd or unquestionably not in the minor's best interests, the juvenile court may not interfere and disapprove of the minor's placement, thereby requiring that the minor be relocated to another home." ( Id. at p. 734.)