The father of N. S. E and G. A. E. appeals from the juvenile court’s order terminating his parental rights. In his sole enumeration of error, the father contends that the juvenile court erred in failing to sua sponte evaluate his competency. We discern no error and affirm.1 The underlying facts of this case are set forth in this court’s opinion affirming the termination of the mother’s parental rights. In the Interest of N. S. E. , 287 Ga. App. 186 651 SE2d 123 2007. Those facts are as follows:In the spring of 2004, the mother lived with her husband and their three minor children N. S. E., G. A. E., and E. E. in an apartment in DeKalb County. N. S. E. was two years old, G. A. E. was one year old, and E. E. was four months old. In the early morning of April 27, 2004, the mother called 911 because E. E. was unconscious and bleeding from the nose. The parent’ efforts at CPR, which they had attempted by themselves for four hours, had been unsuccessful in reviving the infant.Upon arriving at the scene, emergency medical personnel found E. E. nonresponsive with injuries to his chest area and immediately transported him to the hospital emergency department. A detective who arrived at the scene shortly thereafter observed that N. S. E. and G. A. E. had marks on them accompanied with bruising and redness. Like E. E., they were taken to the emergency department for evaluation.E. E. died shortly after arriving at the hospital. Observations made by a forensic pediatrician prior to E. E.’s death and in a subsequent autopsy revealed that E. E. exhibited bleeding in the upper inner eyelids; missing skin layers on the chest area; looped cord marks on his chest, back, and buttocks indicative of a looped object striking the infant; and parallel lines on the infant’s left side suggestive of an un-looped cord injury. X-rays showed that E. E. had a total of fifteen separate broken bones in various stages of healing, including nine broken ribs and fractures in the left foot, left hand, and thigh bone. Finally, a CAT scan and the autopsy showed that E. E. had suffered an intercranial trauma which resulted in internal contusions to the scalp and brain, brain swelling, and internal hemorrhaging. The forensic pediatrician and medical examiner who performed the autopsy concluded that these injuries were nonaccidental and resulted from severe physical abuse occurring over a period of time. The medical examiner further concluded that the cause of E. E.’s death was homicide resulting from blunt force applied to the infant’s head.The forensic pediatrician also had an opportunity to examine N. S. E. and G. A. E. while they were in the emergency department. N. S. E. had old and new bruises and pattern markings on her chest, abdomen, back, and right cheek reflecting that she had been beaten with a belt and looped cord object on more than one occasion. Similarly, G. A. E. had a mark on his right cheek indicative of physical abuse.N. S. E. and G. A. E. were placed in the immediate protective custody of the DeKalb County Department of Family and Children Services “DFCS”. DFCS subsequently filed its deprivation petition regarding N. S. E. and G. A. E., and the juvenile court conducted a hearing on the matter. At the time of the hearing, the father was incarcerated and had been charged with murder and other child cruelty crimes for the death of E. E. and the abuse perpetrated upon the two surviving children. The mother had been charged on three counts of deprivation of a minor for the abuse of the three children. Following the hearing, the juvenile court adjudicated N. S. E. and G. A. E. deprived and awarded temporary custody to DFCS, finding that the two children, along with E. E., had been subject to severe, ongoing physical abuse while in the custody and control of their parents.DFCS developed a nonreunification case plan for N. S. E. and G. A. E. with adoption as the goal, which the juvenile court adopted as the permanent plan for the children. DFCS then filed its petition to terminate the parental rights of the mother and father based on the allegations of physical abuse. The juvenile court conducted an evidentiary hearing over several days to address the petition.At the hearing, the forensic pediatrician and medical examiner testified about their observations and opinions concerning the children as set out above. The father and mother also testified. The father admitted that he had disciplined all three children by spanking them with objects or slapping them, resulting in bruises and marks on their bodies. According to the father, his mode of discipline was required by his religious beliefs, and he asserted that “any sound spanking will leave a mark.” The father further admitted that he began spanking E. E. at least one month prior to his death; that he had previously broken E. E.’s femur due to slapping him; and that on the day when E. E. was taken to the hospital, he had spanked and slapped E. E., who he believed had exhibited “stubbornness.” Finally, the father testified that he was in charge of discipline, but that on one occasion a few days before E. E.’s death, the mother had assisted him in spanking N. S. E. and G. A. E. with belts, leading to bruises and marks on their chests and backs.Id. at 186-188.
The father argues on appeal that the juvenile court’s “failure to hold sua sponte a competency hearing after considering his testimony was a violation of his right to due process.”2
