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Grounds for Termination of Parental Rights Ohio

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Statute: 2151.414

Circumstances That Are Grounds for Termination


Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Establish Paternity

Ohio Rev. Code Ann. 2151.414(B), (C), (E), (F) (West, WESTLAW through 2001 Files 1-3)

Except as provided below, the court may grant permanent custody of a child to a movant if the court determines at the hearing, by clear and convincing evidence, that it is in the best interest of the child to grant permanent custody of the child to the agency that filed the motion for permanent custody and that any of the following apply:

The child is not abandoned or orphaned or has not been in the temporary custody of a public children services agency or private child placing agency under one or more separate orders of disposition for 12 or more months of a consecutive 22-month period, and the child cannot be placed with either of the child's parents within a reasonable time or should not be placed with the child's parents;

The child is abandoned;

The child is orphaned, and there are no relatives
of the child who are able to take permanent
custody;

The child has been in the temporary custody of a
public children services agency or private child
placing agency under one or more separate orders
of disposition for 12 or more months of a
consecutive 22-month period.

In making the determinations required by law, a
court shall not consider the effect the granting
of permanent custody to the agency would have
upon any parent of the child. A written report of
the guardian ad litem of the child shall be
submitted to the court prior to or at the time of
the hearing but shall not be submitted under
oath.

If the court determines, by clear and convincing
evidence, that one or more of the following exist as to each of the child's parents, the court shall enter a finding that the child cannot be placed with either parent within a reasonable
time or should not be placed with either parent:

Following the placement of the child outside the
child's home and notwithstanding reasonable case planning and diligent efforts by the agency to assist the parents to remedy the problems that initially caused the child to be placed outside the home, the parent has failed continuously and repeatedly to substantially remedy the conditions causing the child to be placed outside the child's home. In determining whether the parents have substantially remedied those conditions, the court shall consider parental utilization of medical, psychiatric, psychological, and other social and rehabilitative services and material resources that were made available to the parents for the purpose of changing parental conduct to allow them to resume and maintain parental duties;

Chronic mental illness, chronic emotional illness, mental retardation, physical disability, or chemical dependency of the parent that is so severe that it makes the parent unable to provide an adequate permanent home for the child at the present time and, as anticipated, within 1 year after the court holds the hearing;

The parent committed any abuse against the child, caused the child to suffer any neglect, or allowed the child to suffer any neglect between the date that the original complaint alleging abuse or neglect was filed and the date of the filing of the motion for permanent custody;
The parent is incarcerated for an offense committed against the child or a sibling of the child;

The parent has been convicted of or pleaded guilty to an offense pertaining to endangering children; homicide and assault; kidnapping; sex offenses; robbery and burglary; offenses against the family; and drug offenses, and the child or a sibling of the child was a victim of the offense or the parent has been convicted of or pleaded guilty to involuntary manslaughter, a sibling of the child was the victim of the offense, and the parent who committed the offense poses an ongoing danger to the child or a sibling of the child;

The parent has been convicted of or pleaded guilty to one of the following that is an offense under an existing or former law of this State, any other State, or the United States that is substantially equivalent and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense: murder, aggravated murder, or voluntary manslaughter; to assault, aggravated assault, or felonious assault; endangering children; rape, sexual battery, corruption of a minor, sexual imposition, or gross sexual imposition; or A conspiracy or attempt to commit, or complicity in committing, an offense as described above;

The parent has repeatedly withheld medical treatment or food from the child when the parent has the means to provide the treatment or food, and, in the case of withheld medical treatment, the parent withheld it for a purpose other than to treat the physical or mental illness or defect of the child by spiritual means through prayer alone in accordance with the tenets of a
recognized religious body;

The parent has demonstrated a lack of commitment toward the child by failing to regularly support, visit, or communicate with the child when able to do so, or by other actions showing an unwillingness to provide an adequate permanent home for the child;

The parent has placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and has rejected treatment two or more times or refused to participate in further treatment two or more times after a case plan requiring treatment of the parent was journalized as part of a dispositional order issued with respect to the child or an order was issued by any other court requiring treatment of the parent;

The parent has abandoned the child;
The parent has had parental rights terminated with respect to a sibling of the child;

The parent is incarcerated at the time of the filing of the motion for permanent custody or the dispositional hearing of the child and will not be available to care for the child for at least 18 months after the filing of the motion for permanent custody or the dispositional hearing;

The parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child;

The parent for any reason is unwilling to provide food, clothing, shelter, and other basic necessities for the child or to prevent the child from suffering physical, emotional, or sexual abuse or physical, emotional, or mental neglect;

The parent has committed abuse against the child or caused or allowed the child to suffer neglect and the court determines that the seriousness, nature, or likelihood of recurrence of the abuse or neglect makes the child's placement with the child's parent a threat to the child's safety;

Any other factor the court considers relevant.

The parents of a child for whom the court has issued an order granting permanent custody pursuant to this section, upon the issuance of the order, cease to be parties to the action.
This division is not intended to eliminate or restrict any right of the parents to appeal the granting of permanent custody of their child to a movant pursuant to this section.
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