Appellant, the biological mother of B. S., appeals the trial court’s termination of her parental rights, contending that the evidence was
The standard of review [pertinent to appellant’s] challenge [s] to the sufficiency of the evidence is whether after reviewing the evidence in the light most favоrable to the appellee, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost. .. .In the Interest of A. C.1 We defer to the trial court’s factfinding and affirm unless the appellate stаndard is not met. ... In the Interest of S. N. N.2
(Punctuation omitted.) In the Interest of A. S. O.
Viewed in this light, the evidence shows that, prior to the birth of B. S., appellant had six other children, and her rights had been terminatеd as to all of these children for, among other things: continuous use of crack cocaine, failure to establish a permanent home, failure to complete a drug rehabilitation program, and failure to provide any child support.
At the time that B. S. was born, appellant was incarcerated for violating her probation for crimes of forgery and prostitution. Two days aftеr B. S.’s birth, on August 12, 2002, the juvenile court entered an uncontested finding and order that B. S. was deprived and, due to the appellant’s past conduct with regard to her prior children, no plans for reunification with B. S. were warranted. Appellant never appealed these findings.
Subsequently, the Department of Family and Children Services filed a motion for termination of appellant’s parental rights to B. S., аnd a hearing was held. At the hearing, appellant admitted that her rights to all six of her prior children had been terminated becausе, in essence, she did not care about having them at the time. She acknowledged her long history of crack addiction, her failurе to complete a drug rehabilitation program either before or after B. S.’s birth, her failure to attend classes on addiction during her incarceration after B. S.’s birth, and her use of cocaine while she was pregnant with B. S. Based on these facts, we cannot say that the trial court improperly terminated appellant’s parental rights.
Termination of parental rights under OCGA § 15-11-94 requires a juvеnile court to find that there is clear and convincing evidence of parental misconduct or inability and*797 that termination is in the child’s best interest. Subsections (a) and (b) (4) (A) of that Code section require a court to determine parental misconduct or inability by finding each of four factors: (1) the child is deprived; (2) the lack of proper parental care or control is the cause оf the deprivation; (3) the cause of the deprivation is likely to continue or will not likely be remedied; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child.
In the Interest of T. J. J.
There is no issue in this case as to whether B. S. wаs deprived. Appellant failed to appeal the trial court’s prior order regarding deprivation, and, as such, she is now bоund by this prior finding in this appeal. In the Interest of E. C.
The evidence supports the trial court’s finding that appellant’s lack of parental care and control caused B. S.’s deprivation.
Finally, the trial court was guided by OCGA § 15-11-94 (b) (4) (C) (i) and (ii), which indicated that, if a child has not bеen in the custody of the parent, the court may consider whether the parent has, without justifiable cause, failed significantly for а period of one year or longer prior to the filing of the termination petition, to develop and maintain a parеntal bond with the child or to provide care and support for the child. In this case, it was uncontested that the appellant had almost no contact with B. S. and had provided no support for her.
The third and fourth determinations are whether the deprivation is likely to continue and whether the child will suffer serious physical, mental, emotional, or moral harm as a result of such contin
In this case, appellant admitted that, due to her drug addiction and past nonchalance, her rights to all six of her previous children had been terminated. Despite this past history, appellant made no significant attempts to attend an addiction course after B. S.’s birth, despite the fact that B. S. had been found deprived and she was aware that a plan of nonreunification had been entered. And although appellant claims that she is now prepared to turn her life around, the decision as to children’s futures must be based on more than positive promises that are contrary to negative past fact. In the Interest of T. W.
Finally, we note that, although appellant now contends that the trial court erred in its prior order when it determined that nonreunification was appropriate for B. S., appellant never appealed that prior order. As such, she waived her rights to do so. In the Interest of E. C., supra.
Judgment affirmed.
Notes
In the Interest of A. C.,
In the Interest of S. N. N.,
In the Interest of A. S. O.,
In the Interest of T. J. J.,
In the Interest of E. C.,
OCGA § 15-11-94 (b) (4) (A) (ii).
OCGA § 15-11-94 (b) (4) (B) (ii).
OCGA § 15-11-94 (b) (4) (B) (iii).
We nоte that, although B. S. was only five months old when termination occurred and the child had not been separated from its mother for a year or more, the results here do not change. Separation for a year is not an automatic requirement prior to a termination. See, e.g., In the Interest of A. M. B.,
In the Interest of B. L. H.,
In the Interest of T. W.,
