Rodriguez v. Superior Court

California Court of Appeal Jun 25, 1971 No. Civ. 1515Published

Before: Stone

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Holding. The court held that while an adoption agency has the discretion to terminate a placement under Civil Code section 224n, such administrative action is subject to judicial review via a petition for writ of mandate. The trial court correctly dismissed the adoption petition but erred by not allowing the petitioners to amend their pleading to seek review of the agency's order.

Issues

Does a trial court have jurisdiction to proceed with an adoption petition after an agency has terminated the placement?
Is an adoption agency's order to terminate a pre-adoption placement subject to judicial review?
Should a petition for adoption be dismissed if it can be amended to state a cause of action for a writ of mandate?

Disposition. Denied in part and granted in part with directions.

Quotations verified verbatim against the opinion

“we hold that an order by an adoption agency to terminate an adoptive parent-child placement status is a reviewable administrative order within the ambit of sections 1084 and 1085 of the Code of Civil Procedure.”

“Respondent court correctly determined that it lacks jurisdiction to proceed with the adoption petition under section 224n of the Civil Code, but this does not justify a dismissal of the action.”

Opinion

STONE, P. J.

Petitioners seek a writ of mandate to compel respondent court to vacate its order dismissing petition for adoption and that peti

[512]

tioners return the adoptive child to the Stanislaus County Welfare Department, Adoption Agency, and to direct respondent court to assume jurisdiction of the petition for adoption.

On July 31, 1969, the Stanislaus County Welfare Department, Adoption Agency, placed a minor female child born January 31, 1969, with petitioners for adoption. On February 10, 1971, a case worker for the agency informed petitioners that the placement of the child was being terminated and that the child had to be returned to the agency. The following day, February 11, petitioners, without approval of the agency, filed a petition for the adoption of said child, in the Stanislaus County Superior Court.

Real party in interest, Stanislaus County Welfare Department, Adoption Agency, filed a motion to dismiss the petition for adoption upon the grounds that the child placement had been terminated the day before the petition for adoption was filed, and that the petition was filed without the approval of the agency. The superior court dismissed the petition upon the ground it had no jurisdiction to entertain the petition for adoption, relying upon the provisions of Civil Code section 224n, which reads, in pertinent part: “The agency to which a child has been relinquished for adoption shall be responsible for the care of the child, and shall be entitled to the custody and control of the child at all times until a petition for adoption has been granted. Any placement for temporary care, or for adoption made by the agency, may be terminated at the discretion of the agency at any time prior to the granting of a petition for adoption. In the event of termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the agency.”

No petition for adoption having been filed by petitioners prior to notice of termination of the placement by real party in interest, the trial court properly concluded that it had no jurisdiction to proceed with the petition for adoption.

Rodriguez v. Superior Court

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STONE, P. J.

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