Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

D. Judicial Action on Associate Judge's Proposed Order or Judgment

Parties can forego their right to have their case decided by the referring court in two ways: a party can waive the right to a de novo hearing by executing a waiver prior to the hearing or trial before the associate judge, or post-hearing, the party can fail to or forego filing a request for a de novo hearing within the time required by statute. For an associate judge hired by a district court, the referring court may adopt, modify, or reject the proposed order, hear further evidence, or recommit the matter. Tex. Fam. Code § 201.014(a). For Child Protection Court associate judges, the proposed order or judgment of the associate judge becomes the order of the referring court by operation of law without ratification by the referring court. Tex. Fam. Code § 201.2041(a). Regardless of whether a de novo hearing is requested before the referring court, a proposed order or judgment rendered by an associate judge that meets the requirements of Tex. Fam. Code § 263.401(d) is considered a final order for purposes of Tex. Fam. Code § 263.401. Tex. Fam. Code § 201.014(b) and Tex. Fam. Code § 201.2041(b).