In the case of In re S.S., 2023-Ohio-1344, an appellate court held that legal custody may be taken from a parent when the parent fails to make progress on a case plan and it is in the child’s best interests.
In this case, the mother argued that the mother should have been given more time to meet the case plan goals as the mother’ pregnancy prevented the mother from making progress on the case plan. In response, the agency argued that (1) the reason the mother did not go to treatments was because of a volatile relationship with the mother’s fiancé, not the mother’s pregnancy and (2) it is in the best interest of the child for the grandparents to receive legal custody as the child showed marked improvements while living with the grandparents. The appellate court agreed with the agency.
In support of its decision in favor of the agency, the appellate court explained the mother’s relationship with the fiancé and repeatedly moving in and out of the fiancé’s home caused the failure to meet the case plan goals rather than the mother’s pregnancy. The appellate court next explained that the child has shown improvements in behavior and education since residing with the grandparents, especially because the grandparents make sure that the child regularly goes to classes. The appellate court further explained that the mother can petition the juvenile court for a reallocation of parental rights if the mother is, in the future, able to meet the case plan goals.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.