The mother of T.H., T.H. and M.H. appeals from the order of the juvenile court terminating her parental rights, challenging the sufficiency of the evidence and contending that termination of her parental rights is not in the best interests of the children. On appeal from a termination order, this Court views the evidence in the light most favorable to the appellee and determines whether any rational trier of fact could have found by clear and convincing evidence that the natural parents’ rights to custody have been lost. In the Interest of S. H. , 251 Ga. App. 555 1 553 SE2d 849 2001. ‘This court neither weighs evidence nor determines the credibility of witnesses; rather, we defer to the trial court’s fact-finding and affirm unless the appellate standard is not met’ . . . . In the Interest of C. R. G. , 272 Ga. App. 161, 161-162 611 SE2d 784 2005. Punctuation omitted. In the Interest of M.C. , 287 Ga. App. 766 1 653 SE2d 120 2007. Viewed in this light, the record and transcript show the following: T.H., the oldest child, came into the custody of the Department of Family and Children Services the Department after he was severely injured by Herbert Kay, with whom the mother had a relationship. His injuries included a fractured skull, fractured right eye and lacerated liver. The mother initially told authorities she did not know what happened to the child and then later said he was injured when he fell off a bed. However, the only bed in the house was a mattress on the floor.
Custody was returned to the mother in September 2005 after she complied with her case plan with the Department providing intensive services and supervision for a period of six months. However, in January 2006, both T. H. and his brother were again removed from the mother’s custody after she violated the terms of her case plan by letting Kay see the children. The record shows this incident occurred after the mother had been held by Kay against her will the previous night. The mother explained she let Kay see the children then because she thought he would be incarcerated after she reported the incident. The two children were adjudicated deprived following this incident. In December 2006, the mother gave birth to a third child, M.H., who was removed from her custody upon release from the hospital. A petition to terminate the parental rights of the mother to her two older children was also filed about this time. M. H. was also adjudicated deprived and a termination of parental rights was later filed on her behalf.
