E.R.-J. v. Department of Children & Family Services

SILBERMAN, Chief Judge.

E.R.-J. seeks review of the order terminating his parental rights to his five-year-old daughter, N.R.-G., based on his failure to substantially comply with his case plan. We reverse because the Department of Children and Family Services failed to establish by clear and convincing evidence that the case plan noncompliance was substantial and not beyond his control.

In March 2007, eight-month-old N.R.-G. and her four-year-old brother A.G. were sheltered based on a report that the children’s mother, V.G., was physically abusive toward A.G. At the time of the proceedings,…