San Diego County Health & Human Services Agency v. Robert R.

*736 Opinion

Robert R. appeals following the dispositional hearing in the dependency case of his daughter, A.R. Robert contends that the juvenile court erred by refusing to stay the proceedings pursuant to the Servicemembers Civil Relief Act (SCRA) (50 U.S.C. Appen. §§ 501-596), and proceeding with the contested jurisdictional hearing. He also contends that the court abused its discretion by denying his counsel’s request for a continuance so that genetic testing of A.R. could be completed, and Robert could be present to testify. We agree with Robert’s contention that the court erred in refusing to stay the proceedings pursuant to the SCRA, and reverse and remand the case for a new jurisdictional and dispositional hearing.

BACKGROUND

A.R. was bom in September 2007, at 34 weeks’ gestation, to Amy R. and Robert, Amy’s husband. A.R. spent her first two weeks in the Naval Medical Center San Diego (Naval Medical Center) neonatal intensive care unit because she was experiencing problems involving “respiratory distress, apnea, feeding, and growing.” A.R. was again placed in the neonatal intensive care unit six days after her discharge because she had “an apparent life threatening event…