Los Angeles County Department of Children & Family Services v. Robert B.

*1268 Opinion

This case presents the question of whether a parent in a dependency proceeding who claims he is not abusing drugs thus tenders his past drug use in issue and, as a result, forfeits his physician-patient privilege regarding that drug use. We conclude that under the circumstances of this case the answer is, “Yes,” and hold that the juvenile court properly admitted father’s medical records at the jurisdiction and disposition hearing. For this and other reasons, we affirm the juvenile court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

A. Appellant’s Contentions

Appellant Robert B. (father) appeals from the December 4, 2009 order declaring his daughter, R.R., a person described by Welfare and Institutions Code section 300, subdivision (b) based on father’s past and current drug use. 1 He contends (1) the trial court erred in denying his motion to quash a subpoena duces tecum which did not comply with the notice requirements of Code of Civil Procedure section 1985.3; (2) it was error to admit into evidence his medical records obtained pursuant to that subpoena; (3) insufficient evidence supported the finding that father’s drug use placed R.R. at risk of physical and…