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Name: In re R.R.
Case #: B221140
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/30/2010

Where a parent claims he is not abusing drugs, he tenders his drug use in issue and forfeits his patient-physician privilege regarding his past use. The father appealed from the jurisdictional findings based on his past and current drug use, contending that it was error to admit into evidence his medical records because they were privileged. The appellate court rejected the argument, finding that because the father tendered his drug use, or drug-free life in the juvenile proceedings, he was not entitled to assert the privilege. The court also rejected challenges based on hearsay and right to privacy. Also, the father’s recent drug use which led to his hospitalization justified the assumption of jurisdiction.