M.A.L. v. Department of Children & Family Services

KELLY, Judge.

M.A.L. appeals from an order terminating his parental rights based on his failure to comply with a case plan. He argues that the trial court erred in terminating his parental rights on this basis because he was incarcerated and did not have the substantial ability to comply. Because the trial court’s finding of failure to comply was primarily based on M.A.L.’s actions while he was at liberty, we affirm.

In support of his argument, M.A.L. cites In re E.L.H., 687 So.2d 924 (Fla. 2d DCA 1997), which holds that, in order to base termination on the failure to comply with a case plan,…