San Diego County Health & Human Services Agency v. Mark C.

Mark C. is the father of Cole C. and the stepfather of Chloe V. and Ella V, Cole’s half siblings. 1 The San Diego County Health and Human Services Agency (Agency) filed petitions on behalf of the three minors following allegations of physical and sexual abuse.

*904 In this appeal, Mark challenges orders declaring Cole a dependent of the juvenile court under Welfare and Institutions Code 2 section 300, subdivision (j) and removing Cole from his custody under section 361, subdivision (c)(1).

Mark asserts (1) the court erred by applying the psychotherapist-patient privilege concerning therapy sessions that Chloe and Ella participated in before the Agency filed petitions on their behalf; (2) the court denied his due process rights when the court made its findings concerning Chloe’s and Ella’s petitions before he presented all of his evidence regarding Cole’s petition; and (3) the court lacked sufficient evidence to support its jurisdictional and dispositional findings. We affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2008, the Agency investigated allegations claiming Mark physically, emotionally and sexually abused Chloe and Ella, then six and four years…