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In re C.N.H.5/11/1999
she had paid $75 in child support in January 1998. The mother admitted that she overdosed on antidepressant drugs two weeks before the termination hearing. She last visited the children in September 1996. Based on all the evidence, the juvenile court entered an extremely thorough order on April 15, 1998 terminating the mother's parental rights.
1. The mother does not argue that the children are deprived, but merely contends the evidence was insufficient to show that the cause of the deprivation is likely to continue or will not likely be remedied, as required by OCGA § 15-11-81 (b). This contention is without merit.
First, evidence of past conduct may be considered in determining whether the deprivation is likely to continue if the children are returned to their mother. See In the Interest of B. D., supra at 121 (2). The past conduct of the mother in this case certainly justifies such a prediction. Second, the record is replete with examples of the mother's failure to cooperate with the Department's case plan and with court orders. Moreover, she overdosed on a prescription medication only two weeks before the termination hearing.
The mother's belated efforts in January 1998 to comply with the Department's plan by attending AA meetings and finding a house and a job, as well as her efforts in January 1998 to comply with the court order regarding child support payments, were too little, too late. This court has repeatedly recognized that " he decision as to a child's future must rest on more than positive promises which are contrary to negative past fact." (Punctuation and citation omitted). In the Interest of S. J. C., 234 Ga. App. 491, 494 (1) (507 SE2d 226) (1998). The facts show that the mother is clearly unable to provide the constant supervision and stable home that the children require, especially in light of the children's special needs.
2. The mother next asserts that the evidence was insufficient to support a finding that terminating her parental rights was in the best interest of the children. We do not agree. "Those same factors which show the existence of parental misconduct or inability can also support a finding that the termination of parental rights of the defaulting parent would be in the child's best interest." (Citations and punctuation omitted.) In the Interest of B. D., supra at 121 (3).
More than clear and convincing evidence exists to support the finding that termination of the mother's rights was in the best interest of the children. The children are well cared for in stable foster homes and clearly need stable homes and close supervision. Education and therapeutic services are being provided and medication is being administered and monitored if necessary. The few times the mother did visit her children were extremely disruptive. Termination of the mother's parental rights was clearly in the best interest of the children. Id.
Based on the foregoing, the trial court did not err in denying the mother's motion for new trial.
Judgment affirmed. Pope, P. J., and Smith, J., concur.
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