Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

B. De Novo Hearings

Tex. Fam. Code § 201.015 applies to a request for a de novo hearing before the referring court for matters adjudicated by an associate judge appointed under Tex. Fam. Code Chapter 201, Subchapter A and C. When a case is referred to an associate judge for any authorized purpose, a party may request a de novo hearing before the referring court by filing a written request with the clerk of the referring court not later than the third working day after the date the party receives notice of the substance of the associate judge's ruling or order. Tex. Fam. Code § 201.015(a). In child welfare cases, the requesting party must also file the request with the referring court. Tex. Fam. Code § 201.2042(b). The referring court must conduct the de novo hearing within thirty days of the request. Tex. Fam. Code § 201.015(f). De novo hearings are limited to the specific issues stated in the de novo hearing request. Tex. Fam. Code § 201.015(b). See In re L.R., 324 S.W.3d 885, 890 n.5 (Tex. App.—Austin 2010, no pet.) (“[T]he de novo hearing before the referring court is limited to those issues raised in the hearing request.”).

Parties may present witnesses at the de novo hearing, and the referring court may consider the record from the hearing before the associate judge, including any charge to the jury and any verdict returned, if the matter was tried before a jury. Tex. Fam. Code § 201.015(c).

Although a party may request a de novo hearing before the referring court, a party is not entitled to demand a second jury if the order or proposed judgment reviewed by the referring court was the result of a jury trial presided over by the associate judge in the first instance. Tex. Fam. Code § 201.015(i).