In re A.L.M.-F. (Opinion)Annotate this Case
In this termination of parental rights case the Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the trial court denying Mother's jury demand in a de novo hearing under Tex. Family Code 201.015 after Mother waived her right to a jury trial before the associate judge, holding that the trial court did not abuse its discretion.
The trial court referred this case to an associate judge for adjudication on the merits, and the parties waived the right to a jury trial. Following a bench trial, the associate judge terminated Mother's parental rights. Mother then demanded a jury trial and requested a de novo hearing on the issue of evidence sufficiency. The referring judge denied the jury request and set a de novo hearing. The court then terminated Mother's parental rights. The court of appeals affirmed. The Supreme Court affirmed, holding (1) section 201.015 permits, but does not require, the referring court to grant a jury trial demand made for the first time at the de novo hearing stage; and (2) under the circumstances of this case, the trial court was not obligated to grant Mother's jury demand.