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Wednesday, July 20, 2016

Marijuana use not grounds for termination of parental rights

Marijuana use not grounds for termination of parental rights | Missouri Divorce & Family Law Blog:

Recent Case: Marijuana use under the level of chemical dependency not grounds for termination of parental rights. Father appeals from the judgment terminating his parental rights. Grounds for termination of parental rights require clear and convincing evidence, so Court of Appeals examines evidence contrary to judgment.  Grounds include abuse or neglect and failure to rectify.  In this case there was not substantial evidence to support the trial court’s finding that Father’s marijuana use constituted a “chemical dependency” as defined in Section 211.447.5(2)(b) or Section 211.447.5(3)(d). Therefore, that condition cannot support termination on grounds of either abuse and neglect or failure to rectify.

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