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Name: In re Hanna S.
Case #: D042729
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/21/2004

The minor, Hanna, was freed for adoption in October, 2002, and wanted to be placed in the home of her paternal aunt and uncle. However, because the aunt and uncle had criminal records, and the aunt had a record with CPS, Hanna could not be placed with them unless the social worker obtained a criminal records exemption. Although the social worker sought the exemption, her supervisors refused the request. On appeal, the minor argued that the juvenile court should have found that the Agency abused its discretion because it failed to seek an exemption. The appellate court affirmed. Even though there was an abundance of evidence that the placement was in the best interest of the minor, and the criminal records were old, once a child has been freed for adoption, the juvenile court’s powers are limited to reviewing whether the Agency has abused its discretion in placing the child. Because the social worker sought an exemption, and the sole contention raised in the appeal is that the Agency abused its discretion in failing to seek an exemption, there was no reversible error.