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In the Interest of G.B. II, A Child

This proceeding provides a good example of why the final parental-rights termination proceeding should not be heard by an associate judge unless there is an agreement to not have a de novo hearing before the referring court. Allowing a de novo review by the referring court after the Texas Family Code �263.405 hearing would impede the legislature's purpose of making this an accelerated appeal to expedite the process for bringing certainty to the lives of the children who are the subject of these suits. Therefore, this court must proceed on the associate judge's order and that an "appeal" of a 263.405 hearing is not to the referring court. Having found that the notice of appeal was timely, the associate judge's finding that the appeal is frivolous as untimely filed is reversed. Accordingly, the parties must proceed to merit briefing as soon as the full record is available. Waco Court of Appeals, No. 10-10-00244-CV, 11-24-2010

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ORDER

This proceeding provides a good example of why the final termination proceeding should not be heard by an associate judge unless there is an agreement to not have a de novo hearing before the referring court. In this proceeding, the associate judge signed an order terminating the parental rights of E.F. and G.B. to their child, G.B. II, on May 14, 2010.*fn1 E.F. timely requested a de novo review of the associate judge’s order. TEX. FAM. CODE ANN. § 201.015(a) (Vernon Supp. 2009). The matter was set for hearing before the referring judge on May 20, 2010. The record indicates that E.F.’s trial counsel intended to “pass” on the hearing and waive her right to a de novo hearing; however, there is not an entry on the docket sheet reflecting the waiver on that date. On June 25, 2010, E.F. filed a notice of appeal and a waiver of the de novo hearing. This Court responded by questioning its jurisdiction because it appeared that E.F. was attempting to appeal from an order that was not final and requested the parties brief the issue. TEX. FAM. CODE ANN.§ 201.106(b) (Vernon 2008).

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