Can Parental Rights Be Terminated If a Parent Does Not Comply With Her Case Plan ?
In In re M.H., Cuyahoga App. No. 80620, 2002 Ohio 2968, the court stated, "noncompliance with a parent's case plan is a ground for termination of parental rights." Id. at P34, citing In re Brofford (1992), 83 Ohio App.3d 869, 878, 615 N.E.2d 1120.
The Court reasoned: "and even though mother had been drug-free for the six months preceding trial, her erratic history of drug-use and her unsuccessful attempts at so many other drug treatment programs does not leave this court convinced of mother's ability to remedy her drug dependency, on a long-term basis.
At the time of trial, mother was on probation for an offense which she admits was related to her drug use.
The Court is not persuaded that mother can accomplish taking care of her daughter in light of evidence that mother has done little to make a better life for herself, let alone her daughter.
On the record before us, there was clear and convincing evidence indicating there was little likelihood mother could provide the care M.H. requires."