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

Robert W. appeals an order issued at a contested six-month review hearing that resulted in his daughter, Mary B., remaining in out-of-home care. He appeals, contending the juvenile court improperly (1) denied his motion for a directed verdict, (2) continued the hearing, and (3) allowed the San Diego County Health and Human Services Agency (Agency) to reopen its case-in-chief. He also asserts the evidence did not support the juvenile court’s finding that returning Mary to his custody posed a risk of detriment. We reject his arguments and affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

When Mary was bom in March 2008, she tested positive for amphetamine. Her mother (Mother) admitted using diet pills during pregnancy. Mary was detained and remained in foster care until she was placed with Robert. In July 2009, the juvenile court terminated dependency jurisdiction after Robert obtained legal and physical custody of Mary. Mother was given supervised visitation.

According to Mother, however, Robert gave Mary back to her because there was no stipulation in the custody orders that she do anything to get Mary back. In December 2010, Robert was arrested for domestic violence…