In re S.P.

Filed 8/6/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

In re S.P. et al., Persons 2d Juv. No. B302636 Coming Under the Juvenile (Super. Ct. No. 19JD-00225) Court Law. (San Luis Obispo County)

SAN LUIS OBISPO COUNTY DEPARTMENT OF SOCIAL SERVICES,

Plaintiff and Respondent,

v.

D.H.,

Defendant and Appellant.

Does a juvenile court have the authority to order vaccinations for dependent children under its jurisdiction? Yes. Recently enacted Health and Safety Code section 120372, subdivision (d)(3)(C) provides that a state public health officer (SPHO) or a doctor designated by a SPHO “may revoke the medical exemption.” Does that statute deprive the juvenile court of that authority? No.

D.H. (Father) appeals an order of the juvenile court following a disposition hearing after the San Luis Obispo County Department of Social Services (DSS) filed a juvenile dependency petition. (Welf. & Inst. Code, § 300, subd. (b)(1).)1 The order authorized Father’s children, S.P. and F.P., dependent children of the juvenile court, to receive vaccinations. The court found vaccination exemptions the children had received earlier invalid. We conclude, among other things, that the juvenile court had the authority to order vaccinations. Nor did it abuse its discretion in doing so. We affirm. FACTS AND PROCEDURAL HISTORY On June 4, 2019, DSS filed a juvenile dependency petition (§ 300, subd. (b)(1)), alleging Father and A.P. (Mother) neglected and failed to protect their children, S.P., F.P., and E.P. Mother had a history of substance abuse and mental illness. She had recently given birth to E.P. Both Mother and E.P. had tested positive for methamphetamine and marijuana. DSS alleged Father had a history of substance abuse and mental illness and was recently incarcerated. The juvenile court detained the children and placed them under the custody and control of DSS. At an August 14, 2019, jurisdiction and disposition hearing, the juvenile court sustained the original petition and an amended petition. It found the children to be dependent children within section 300, subdivision (b). It found continuance of the children at the parents’ home would be contrary to the children’s welfare. It ordered DSS to provide family reunification services. The court scheduled the case for a six-month review hearing. (§ 366.21, subd. (e).)