Best Interests of the Child

Statute: Tex. Fam. Code Ann. § 263.307 (West 1996)

Law:

In considering the factors established by this section, the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest. The following factors should be considered by the court, the department, and other authorized agencies in determining whether the child's parents are willing and able to provide the child with a safe environment:

The child's age and physical and mental
vulnerabilities;

The frequency and nature of out-of-home
placements;

The magnitude, frequency, and circumstances of
the harm to the child;

Whether the child has been the victim of repeated
harm after the initial report and intervention by
the department or other agency;

Whether the child is fearful of living in or
returning to the child's home;

The results of psychiatric, psychological, or
developmental evaluations of the child, the
child's parents, other family members, or others
who have access to the child's home;

Whether there is a history of abusive or
assaultive conduct by the child's family or
others who have access to the child's home;

Whether there is a history of substance abuse by
the child's family or others who have access to
the child's home;

Whether the perpetrator of the harm to the child
is identified;

The willingness and ability of the child's family
to seek out, accept, and complete counseling
services and to cooperate with and facilitate an
appropriate agency's close supervision;

The willingness and ability of the child's family
to effect positive environmental and personal
changes within a reasonable period of time;

Whether the child's family demonstrates adequate
parenting skills, including providing the child
and other children under the family's care with:

Minimally adequate health and nutritional care;

Care, nurturance, and appropriate discipline
consistent with the child's physical and
psychological development;

Guidance and supervision consistent with the
child's safety;

A safe physical home environment;

Protection from repeated exposure to violence
even though the violence may not be directed at
the child; and

An understanding of the child's needs and
capabilities; and

Whether an adequate social support system
consisting of an extended family and friends is
available to the child.

In the case of a child 16 years of age or older,
the following guidelines should be considered by
the court in determining whether to adopt the
permanency plan submitted by the department:

Whether the permanency plan submitted to the
court includes the services planned for the child
to make the transition from foster care to independent living; and

Whether this transition is in the best interest
of the child.

Concurrent Planning

Law:

Not addressed in statutes reviewed