San Diego County Health & Human Services Agency v. S. S.

Opinion

MCDONALD, J. S. S. appeals the juvenile court’s order at the six-month review hearing that continued its jurisdiction of his minor daughter, N. S. He contends the court did not make factual findings that returning N. S. to his [170]custody would cause substantial risk of detriment to her and therefore it erred by continuing its jurisdiction. Because we conclude there was no evidence to support continued juvenile court jurisdiction, we reverse the order.

Factual and Procedural Background

The San Diego County Health and Human Services Agency (the Agency) removed N. S. from her parents’ care in November 2000 and filed a Welfare and Institutions Code1 section 300 petition on her behalf, alleging she was at risk of harm after her cousin was injured while in S. S.’s care. In March 2001 the court made a true finding on the section 300 petition, removed N. S. from her parents’ custody, placed her with her mother, G. S., ordered S. S. not to reside in the home, and ordered reunification services.2 At the September 2001 six-month review hearing, the court allowed S. S. to return home without supervision, but continued its jurisdiction of N. S.

Discussion

I

The Agency contends S. S. has waived his right to challenge the court’s order on appeal because he submitted to the Agency’s recommendations to continue jurisdiction.

Ordinarily, submitting “on a social worker’s recommendation dispels any challenge to and, in essence, endorses the court’s issuance of the recommended findings and orders. Consequently, a parent who submits on a recommendation waives his or her right to contest the juvenile court’s decision if it coincides with the social worker’s recommendation.” (Steve J. v. Superior Court (1995) 35 Cal.App.4th 798, 813 [41 Cal.Rptr.2d 731], citing In re Richard K. (1994) 25 Cal.App.4th 580, 590 [30 Cal.Rptr.2d 575].) Although a parent who submits on a particular report or record acquiesces to the evidence, the parent preserves the right to challenge the sufficiency of the evidence to support a particular legal conclusion. (In re Tommy E. (1992) 7 Cal.App.4th 1234, 1237 [9 Cal.Rptr.2d 402].) “Thus, the parent does not waive for appellate purposes his or her right to challenge the propriety of the court’s orders.” (In re Richard K., supra, 25 Cal.App.4th at p. 589.)