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

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).