This informational guide reviews state laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
In Ohio, the grounds for involuntary termination of parental rights are outlined in the Ohio Revised Code (ORC) Section 2151.414. These grounds refer to circumstances in which a court may determine that it is in the best interest of the child to sever the legal ties between a parent and their child. Involuntary termination of parental rights is a serious matter and can only be granted by a court after careful consideration of the evidence and testimony presented. The following are some key reasons or grounds under which Ohio courts may grant involuntary termination: 1. Abuse or Neglect: If a parent is found to have subjected their child to any form of abuse, neglect, or harm, the court may terminate their parental rights. This can include physical, emotional, or sexual abuse, as well as a consistent pattern of neglecting the child's basic needs such as food, shelter, or medical care. 2. Abandonment: If a parent has willfully and without justification failed to communicate or provide support for a period of at least one year, it may be considered abandonment. Abandonment can also include situations where the parent has failed to establish a substantial and positive relationship with the child. 3. Chronic or Severe Mental Illness: In cases where a parent's mental illness significantly impairs their ability to care for their child or poses a risk to the child's well-being, termination of parental rights may be appropriate. 4. Substance Abuse: If a parent's substance abuse problem poses a risk or threat to the child's safety, Ohio courts may find grounds for involuntary termination. This can include situations where the parent is unable or unwilling to seek treatment and maintain sobriety. 5. Felony Conviction: If a parent has been convicted of certain felonies, such as homicide, assault, or sexual offenses against a child, the court may terminate their parental rights. The primary consideration in such cases is the potential danger or threat the parent poses to the child. 6. Failure to Complete Case Plan: In situations where a parent has been given the opportunity to rectify certain issues or conditions specified in a case plan but fails to do so, termination of parental rights may be considered. 7. Placement in Custody of Agency: If a child has been placed in the custody of a public children's services agency, and the agency determines that reunification efforts have not been successful or that it is not in the best interest of the child to be reunified with their parent, they may seek involuntary termination of parental rights. It's important to note that termination of parental rights is a complex legal process, and the court's decision is based on an extensive evaluation of the unique circumstances in each case. The welfare and best interest of the child always remain paramount, and termination is a measure taken only when it is deemed to be in the child's best interest and necessary to protect their well-being.
