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In the Interest of K. C. W.

The father's extremely low-functioning mental capacity rendered his unable to properly supervise and care for his special needs son.

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The juvenile court found that the father of K.C.W. suffered from a mental deficiency rendering him incapable of caring for the child on his own and terminated his parental rights. The father appeals, contending that the juvenile court relied upon an improper ground for granting the termination and challenging the sufficiency of the evidence in several respects.1 For the reasons discussed below, we are constrained to affirm. In considering the father’s appeal, we view the evidence in the light most favorable to the juvenile court’s disposition and determine whether any rational trier of fact could have found by clear and convincing evidence that the father’s right to custody should have been terminated. We neither weigh the evidence nor determine the credibility of any witnesses, but instead defer to the juvenile court’s findings of fact. In the Interest of K. N. , 272 Ga. App. 45 611 SE2d 713 2005. So viewed, the record showed that the father was the biological father of the male child K.C.W., although he was never married to the mother. In 2005, when K.C.W. was six years old, the father suffered a stroke that affected his mental functioning. In December of that year, K.C.W. was placed in the emergency custody of the Troup County Department of Family and Children Services “DFCS” when neither parent could be located after the child returned home from school.

The juvenile court thereafter entered an order finding the child deprived and awarding temporary custody of him to DFCS. The court found, among other things, that the father had failed to properly supervise the child. A subsequent deprivation order clarified that the failure to properly supervise was “due possibly to mental health issues.” The father did not appeal the deprivation orders.

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