Memorandum Opinion by Justice BAILEY C. MOSELEY.
During divorce proceedings, Mother filed a petition to terminate Father's parental rights to their two young children, Maggie and Ken.
On appeal, Father admits that he was convicted of aggravated sexual assault of a child, but denies that he was criminally responsible for the death or serious injury of a child. We interpret Father's complaint as a challenge to the legal sufficiency of the evidence supporting Ground L.
I. Standard of Review
"We strictly scrutinize termination proceedings in favor of the parent." In re K.O., 488 S.W.3d 829, 835 (Tex. App.-Texarkana 2016, no pet.). "To terminate an individual's parental rights to her child, clear and convincing evidence must show: (1) that the parent has engaged in one of the statutory grounds for termination; and (2) that termination is in the child's best interest." Id. (citing TEX. FAM. CODE ANN. § 161.001(b) (West Supp. 2015); In re E.N.C., 384 S.W.3d 796, 798 (Tex. 2012); In re C.H., 89 S.W.3d 17, 23 (Tex. 2002)). "The clear and convincing burden of proof has been defined as `that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.'" Id. at 835-36 (quoting C.H., 89 S.W.3d at 23). "Due process demands this heightened standard." Id. at 836. "Thus, in reviewing termination findings, we determine whether the evidence is such that a [fact-finder] could reasonably form a firm belief or conviction about the truth of [the] allegations." Id.
"In a legal sufficiency review, termination findings are given appropriate deference." Id. (citing In re J.F.C., 96 S.W.3d 256, 266 (Tex. 2002)). "In such cases, we consider all the evidence in the light most favorable to the findings to determine whether the [fact-finder] could reasonably have formed a firm belief or conviction that the grounds for termination were proven." Id. "We assume that the [fact-finder] resolved disputed facts in favor of the findings if a reasonable [fact-finder] could do so." Id. "Conversely, we disregard evidence that [a fact-finder] may have reasonably disbelieved or testimony from witnesses whose credibility may reasonably be doubted." Id.
II. Ground L's Requirements
A trial court may terminate the parent-child relationship if it finds, by clear and convincing evidence, that the parent has "been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following section of the Penal Code . . . (viii) Section 22.021 (aggravated sexual assault)." TEX. FAM. CODE ANN. § 161.001(b)(1)(L).
"The Family Code does not define `serious injury,' and accordingly, we give it its ordinary meaning."
III. The Trial Court's Ground L Finding Was Supported By Legally Sufficient Evidence
During the hearing, in which Father appeared telephonically, Mother introduced and the trial court admitted into evidence (1) documents establishing that Father had been placed on deferred adjudication community supervision for the offense of aggravated sexual assault of a child younger than fourteen,
Father argues that this evidence was insufficient to establish that he was held criminally responsible for serious injury to a child. In support of his position, Father cites to In re L.S.R., 60 S.W.3d 376 (Tex. App.-Fort Worth 2001) (per curiam), pets. denied, 92 S.W.3d 529 (Tex. 2002) (per curiam). In that case, J.R. and L.R. appealed a judgment terminating their parental rights to their daughter, L.S.R. "The State presented evidence at trial showing that J.R. had received deferred adjudication for the offense of indecency with a child, an offense J.R. committed against his four-year-old cousin when he was sixteen." In re L.S.R., 92 S.W.3d 529, 530 (Tex. 2002) (per curiam). The court of appeals held that there was no evidence to support termination under Ground L because there had been "no showing that J.R.'s cousin suffered death or serious injury as a result of his conduct." L.S.R., 60 S.W.3d at 378. Thus, the Fort Worth Court of Appeals deleted Ground L as a basis for termination from the judgment, but otherwise affirmed the judgment against J.R. Id. at 381. In denying the petitions for review, the Texas Supreme Court stated, "We deny the petitions for review, but disavow any suggestion that molestation of a four-year-old, or indecency with a child, generally, does not cause serious injury." L.S.R., 92 S.W.3d at 530.
The language "criminally responsible for the death or serious injury," in Section 161.001(b)(1)(L), "though seemingly simpl[e]," has raised the following questions: "[D]oes the statutory language mean that the injury may be presumed to be serious (given that it arises from conduct that constitutes a serious offense), or instead does it mean that particularized proof must be offered to show that the injury is serious?" 40A TEX. JUR. 3D Family Law § 1820 (West, Westlaw through Sept. 2016); see TEX. FAM. CODE ANN. § 161.001(b)(1)(L). In this case, in line with the Texas Supreme Court's language in its opinion denying petition for review in L.S.R., we disavow Father's assertion that the aggravated sexual assault of a child younger than the age of fourteen does not cause serious injury to a twelve- or thirteen-year-old child. Instead, given the seriousness of the offense of aggravated sexual assault of a child, and the young age of the child Father assaulted, we conclude that when viewed in the light most favorable to the trial court's findings, the evidence in this case is legally sufficient to establish that Father was convicted for being criminally responsible for the serious injury of a child under Section 22.021 of the Texas Penal Code. See L.S.R., 92 S.W.3d at 530.
Finding the evidence legally sufficient to support termination under Ground L, we overrule Father's sole point of error.
We affirm the trial court's judgment.