The father of three children, seven-year old M. S., six-year old Cha. S., and and five-year old Che. S. appeals from the order of the Juvenile Court of Paulding County terminating his parental rights.1 The father contends he was denied due process of law and the assistance of counsel at all stages of the proceedings leading to the termination of his parental rights. He also contends the evidence was insufficient to warrant termination and that the court erred in placing the children with foster families instead of relatives. Finding no error, we affirm. On appeal, we must determine whether, after reviewing the evidence in a light most favorable to the lower court’s judgments, any rational trier of fact could have found by clear and convincing evidence that the natural parent’s rights to custody have been lost. 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. Citation & punctuation omitted. In the Interest of C. R. G ., 272 Ga. App. 161, 161-162 611 SE2d 784 2005. The Georgia Code sets forth a two-step process to be used in termination of parental rights cases. First, the trial court determines “whether there is present clear and convincing evidence of parental misconduct or inability.” OCGA § 15-11-94 a. Four factors must be present to establish parental misconduct or inability: 1 the child is deprived; 2 the lack of proper parental care or control by the parent in question causes the deprivation; 3 the cause of the deprivation is likely to continue; and 4 continued deprivation causes the child serious physical, mental, emotional, or moral harm. OCGA § 15-11-94 b 4 A. If the trial court finds that these four factors exist, then the court determines whether termination of parental rights is in the best interest of the child, “after considering the physical, mental, emotional, and moral condition and needs of the child, . . . including the need for a secure and stable home.” OCGA § 15-11-94 a.
Viewed in the light most favorable to the juvenile court’s judgment, the record shows that the Georgia Department of Human Resources by and through the Cobb County Department of Family and Children Services “the Cobb DFCS” began an investigation on this family on June 4, 1999, when it received reports that M. S. had a skull fracture and that the father had substance abuse and anger management problems. In a petition, the Cobb DFCS complained that on April 14, 1999, the police responded to a domestic disturbance call where the father, while drunk, tore the door off the refrigerator, smashed the car windows, and shoved the mother into a wall while she was holding M. S. The Cobb DFCS placed M. S. in protective custody and filed a deprivation petition. On August 18, 1999, following a deprivation hearing, the juvenile court found that the father “is bipolar and has had difficulty” with his medication, and that the father “admitted that he has used marijuana in the past.” The court returned M. S. to the family on the condition that the father attend drug treatment and domestic violence counseling, attend parenting classes, submit to random drug screens, and take his medication. The father, who was represented by counsel during these proceedings, did not appeal.
