The Ohio Court of Appeals has upheld a ruling that terminates the parental rights of a mother, S.H., to her two children, Z.B. and D.M. This decision comes after a lengthy legal process that began in 2023, involving concerns about the mother's ability to provide a safe and stable environment for her children. The ruling affects the future of the children, who have been in the care of the Muskingum County Adult and Child Protective Services (MCACPS) since their removal from the mother's home.
The case, titled In re D.M., was filed under docket numbers CT2026-0042 and CT2026-0043. The Ohio Court of Appeals issued its opinion on September 4, 2026, affirming the decision made by the Muskingum County Court of Common Pleas, Juvenile Division. The court found that the mother had not made sufficient progress in addressing the issues that led to the children's removal, primarily related to substance abuse and neglect.
The background of this case involves S.H., the biological mother of Z.B., born on February 3, 2013, and D.M., born on March 18, 2014. The Agency became involved with S.H. after a truancy hearing for Z.B. in May 2023. The juvenile court ordered Z.B. to attend summer school, but S.H. refused to allow the Agency to transport her child, citing health issues. The Agency later found that the mother's home lacked running water and had unsanitary conditions, prompting them to file a complaint in November 2023, alleging that Z.B. and D.M. were dependent children.
Following the complaint, the juvenile court adjudicated Z.B. and D.M. as dependent children in January 2024. The court ordered a case plan requiring S.H. to address her mental health, substance abuse, and housing issues. Throughout the proceedings, the juvenile court found that the Agency made reasonable efforts to prevent the continued removal of the children and to facilitate reunification.
On September 15, 2025, the Agency filed a motion for permanent custody of the children. During the hearing, evidence was presented, including testimonies from caseworkers who highlighted the mother's ongoing struggles with substance abuse and her failure to comply with the case plan. The court found that S.H. had a history of drug use, including testing positive for cocaine and THC, and that she had not completed the necessary parenting services recommended due to her cognitive limitations.
The court ultimately ruled in favor of the Agency, stating, "The evidence demonstrates that the central conditions underlying the children's removal remained unresolved despite the passage of substantial time and the Agency's efforts to facilitate reunification." The ruling was made by Judge Kevin W. Popham, with Judges Craig R. Baldwin and David M. Gormley concurring.
The impact of this ruling is significant for the children, who have been in foster care since their removal in 2023. Z.B. has been thriving in her foster home, achieving good grades and participating in extracurricular activities, while D.M. has been receiving support for behavioral issues. The court's decision underscores the importance of providing a stable and secure environment for children, especially those who have experienced neglect.
The ruling also sets a precedent for future cases involving parental rights and the criteria for determining whether a parent can regain custody of their children. The court emphasized that the best interest of the children must be the primary consideration in such decisions, and that parents must demonstrate substantial progress in addressing the issues that led to the removal of their children.
Looking ahead, S.H. has the option to appeal the decision. However, the court's ruling is based on clear and convincing evidence that the conditions leading to the children's removal were not adequately addressed. The case serves as a reminder of the challenges faced by parents in similar situations and the legal processes involved in protecting the welfare of children.