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In the Interest of R. S.

The mother lacked the intellectual and emotional capacity to care for her children, particularly the younger child, who suffered brain damage as a result of his father's physical abuse.

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The biological mother of R. S. and I. R. S., minor children, appeals from an order of the juvenile court terminating her parental rights as to each child, citing insufficient evidence to support the order and claiming that she received ineffective assistance of counsel at the termination hearing. Discerning no error, we affirm. In considering a challenge to the sufficiency of the evidence in a termination of parental rights case, the question is whether “any rational trier of fact could have by clear and convincing evidence that the natural parent’s rights to custody have been lost.” In the Interest of C. M. , 275 Ga. App. 719 621 SE2d 815 2005. In making that determination, this Court “reviews the evidence in a light most favorable to the lower court’s judgments” and we “neither weigh evidence nor determine the credibility of witnesses; rather, we defer to the trial court’s fact-finding and affirm unless the appellate standard is not met.” Citation omitted. Id. at 719-720.

So viewed, the evidence shows that R. S. and I. R. S. have been in the protective custody of the DeKalb County Department of Family and Children Services, acting on behalf of the Georgia Department of Human Resources hereinafter “the Department” since April 9, 2002. The children were removed from their parents’ home because of severe injuries to R. S., resulting from abuse by his father.1 At the time of their removal, R. S. was approximately two months old and I. R. S. was approximately eighteen months old.

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