Case Plan Compliance

J.S. v. Department of Children and Families, 2017 WL 902184 (Fla. 5th DCA) 
Mother appealed termination of her parental rights based solely upon her failure to follow a case plan.  The children were originally removed from Mother due to domestic violence.  Four months before the termination of parental rights trial, random drug tests and substance abuse counseling were added to Mother’s case plan.  The trial court based termination on Mother’s failure to comply with this modified case plan in the four months prior to the TPR trial.  The Department conceded that the evidence presented at the termination trial was not legally sufficient to support termination.

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