When a child is removed from the custody of a parent or guardian and placed under supervision of a social worker, is the social worker responsible for the care of the child?

California, United States of America


The following excerpt is from K.S. v. Superior Court of San Bernardino Cnty., E067793 (Cal. App. 2017):

When a child is removed from the custody of a parent or guardian, the court orders the care, custody, control and conduct of the child to be under the supervision of the social worker, who may place the child in the home of a noncustodial parent, relative, or foster family, among other alternatives. (Welf. & Inst. Code, 361.2, subd. (e).) The department or licensed adoption agency to which a child has been freed for adoption by termination of parental rights is responsible for the care of the child, and is entitled to exclusive custody and control of the child until an order of adoption is granted. (Dept. of Social Services v. Superior Court (1997) 58 Cal.App.4th 721, 733.) The agency has the sole authority to determine placement, subject only to judicial review for abuse of discretion. (In re F.A. (2015) 241 Cal.App.4th 107, 118.) Thus, in a dependency, custody is awarded to the social services agency; a foster parent does not receive an award of custody.

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