N.B.
San Diego County Health & Human Services Agency v. N.B.
Opinion
lead Opinion
Aaron, J.
N.B. (Father) appeals an order placing his son, Austin R, with him under Welfare and Institutions Code section 361.2, 1 but not terminating the court’s jurisdiction. Father asserts the court abused its discretion by not giving him full legal and physical custody of Austin and terminating jurisdiction absent a finding that it would be detrimental to Austin do so. We affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
In August 2003, the San Diego County Health and Human Services Agency (the Agency) removed nine-year-old Austin from the custody of his mother, D.P. (Mother), and filed a section 300 petition on his behalf. The petition alleged Mother used drugs to excess and was diagnosed with polysubstance dependence, rendering her unable to care for the child.
Father appeared at the detention hearing and was declared Austin’s presumed father. Austin was later detained with him.
In September 2003, the court made a true finding on the petition. Two months later, the court declared Austin to be a dependent, removed him from Mother’s custody, and ordered the parents to comply with the case plan. The court found Father was a nonoffending noncustodial parent who wanted…