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In the Interest of S. N. L.

The mother's mild mental retardation rendered her unable to adequately care for her three children.

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The Juvenile Court of Lowndes County terminated the parental rights of the mother of minor children S. N. L., M. D. L. and J. J. M. L. The mother appeals, challenging the sufficiency of the evidence supporting the court’s decision to terminate. Contrary to the mother’s claims, we find sufficient evidence supporting the juvenile court’s decision. 1. The mother claims that the court erred in terminating her parental rights because there is no evidence of present unfitness. The claim is without merit.

In considering whether to terminate parental rights, the court first determines if there is present clear and convincing evidence of parental misconduct or inability.1 If there is such evidence, the court then decides whether termination of parental rights is in the best interests of the child.2 On appeal from a termination of parental rights, the standard of review is whether, after reviewing the evidence in the light most favorable to the juvenile court’s disposition, any rational trier of fact could have found by clear and convincing evidence that the parent’s right to custody should be terminated. This Court does not weigh the evidence or determine the credibility of witnesses; rather we defer to the juvenile court’s factfinding and affirm unless the appellate standard is not met.3 Viewed in the light most favorable to the juvenile court’s disposition, the evidence in this case shows that S. N. L. was born on January 5, 1998, M. D. L. was born on October 3, 1999, and J. J. M. L. was born on April 22, 2001. The children have two different fathers —one is the father of S. N. L., and the other is the father of M. D. L. and J. J. M. L. The mother has never been married to either of the fathers, but she did live for some time with the father of the two younger children.

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