The Juvenile Court of Chatham County terminated the parental rights of the mother and father of M. N. R. The mother apрeals, challenging the sufficiency of the evidence to support the juvenile court’s findings.
On appeаl, we review the evidence in the light most favorable to the juvenile court’s order. We do not weigh the evidence or resolve credibility disputes but defer to the juvenile court’s factfinding. In the Interest of M. W.,
Georgia law provides for а two-step process that must be followed in determining whether to terminate parental rights. OCGA § 15-11-94 (a) requires that the trial court “first determine whether there is present clear and convincing evidence of parental misconduct or inability.” Parental misconduct or inability is determined under the four criteria set forth in OCGA § 15-11-94 (b) (4) (A) (i)-(iv). Those four factors are: (1) the child is deprived; (2) the lack of proper parental care or control by the parent whose rights are being terminated is the cause of the deprivation; (3) the cause of the deprivаtion is likely to continue; and (4) continued deprivation is likely to cause serious physical, mental, emotional, or moral harm to the child. If these four factors are shown to exist by clear and convincing evidence, then the court must also determine whether termination of parental rights is in the best interest of the child, “after considering the physical, mental, emotional, and moral condition and needs of the child . . . , including the need for a secure and stable home.” OCGA § 15-11-94 (a). In the Interest of C. M,
The mother challenges the evidence only as it pertains to the third and fourth criteria — that the cause of the deprivation is likely to continue and that the continued deprivation is likely to cause harm to the child, and specifically challenges only two findings made by the juvenilе court; thus we will limit our review accordingly. The mother argues that since she has finally overcome her longstаnding drug addiction, the juvenile court’s finding that the cause of the deprivation is likely to continue is contrary to thе evidence. As to this issue the record shows that the only evidence that the mother had overcome hеr drug addiction was the mother’s testimony that she was now “clean” and would “be clean from here on out.” However, the mother admitted that she did not complete the drug treatment program she had enrolled in approximately six months before the hearing, and that she had relapsed after she completed an earlier program. Moreover, the caseworker testified that the mother had tested positive for drugs most recently about a month before the termination hearing, that all her drug screens had been positive, and that she had never successfully completed an approved drug treatment program. “ ‘The decision аs to a child’s future must rest on more than positive promises which are contrary to negative past fact.’ [In the Interest of A. G.,
The
We have held that evidence of a mother’s rеpeated failure to remain drug free and her failure to take the steps necessary to reunite with thе children was sufficient to prove that the continued deprivation would cause the child serious physicаl, mental, emotional, or moral harm. Additionally, it is well settled that children need permanence of home and emotional stability or they are likely to suffer serious emotional problems.... Therefore, we find that the evidence supports the juvenile court’s finding that the continued deprivation is likely to cause [M. N. R.] serious hаrm.
(Punctuation and footnotes omitted.) In the Interest of J. S. T. S.,
The order terminating the mother’s parental rights is thus affirmed.
Judgment affirmed.
Notes
As the mother does not challenge the sufficiency of the evidence to support the juvenile court’s conclusion that termination of the mother’s parental rights was in the best interest of M. N. R., we need not consider that issue.
