For those of you interested in the actual opinion, the case is In re R. S., R. S., A. P., and A.G, 2003 WL 1689595, Decided March 31, 2003 (Court of Appeals of Ohio, Ninth District, Summit County. No. 21177.) From the Court's opinion (p. 19):

Teresa admits that she regularly uses marijuana outside the presence of the children but CSB has no evidence that it impacts her children in any way.

The evidence that was presented about the children's home environment suggested that there were no basic problems with Teresa's parenting. Teresa apparently worked to support her children, her rent was paid up to date, and the home was furnished and had working appliances and utilities. There was nothing to suggest that Teresa was failing to meet any of her children's needs. The caseworker noted that the children had adequate housing and that they appeared happy and well cared for. The children were clean, healthy, attended school, and were apparently good students.

{P 20} While this Court certainly does not condone a parent's use of an illegal substance or abuse of a legal substance, parents have a fundamental right to raise their children. See Stanley v. Illinois (1972), 405 U.S. 645, 657-658; In re Murray (1990), 52 Ohio St.3d 155, 157. Without some evidence that Teresa's supervision of her children or the environment of her children has been affected in some negative way by her use of marijuana, there is not clear and convincing evidence of dependency.