Tex. Fam. Code Section 263.307
Factors in Determining Best Interest of Child


(a)

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.

(b)

The following factors should be considered by the court and the department in determining whether the child’s parents are willing and able to provide the child with a safe environment:

(1)

the child’s age and physical and mental vulnerabilities;

(2)

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

(3)

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

(4)

whether the child has been the victim of repeated harm after the initial report and intervention by the department;

(5)

whether the child is fearful of living in or returning to the child’s home;

(6)

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;

(7)

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;

(8)

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

(9)

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

(10)

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;

(11)

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

(12)

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

(A)

minimally adequate health and nutritional care;

(B)

care, nurturance, and appropriate discipline consistent with the child’s physical and psychological development;

(C)

guidance and supervision consistent with the child’s safety;

(D)

a safe physical home environment;

(E)

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

(F)

an understanding of the child’s needs and capabilities; and

(13)

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

(c)

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:

(1)

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

(2)

whether this transition is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.181, eff. April 2, 2015.

Source: Section 263.307 — Factors in Determining Best Interest of Child, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­263.­htm#263.­307 (accessed Mar. 23, 2024).

263.001
Definitions
263.002
Review of Placements by Court
263.003
Information Relating to Placement of Child
263.004
Notice to Court Regarding Education Decision-making
263.005
Enforcement of Family Service Plan
263.006
Warning to Parents
263.007
Report Regarding Notification of Relatives
263.008
Foster Children’s Bill of Rights
263.009
Permanency Planning Meetings
263.0021
Notice of Hearing
263.0025
Special Education Decision-making for Children in Foster Care
263.0045
Education in Home Setting for Foster Children
263.0061
Notice to Parents of Right to Counsel
263.101
Department to File Service Plan
263.102
Service Plan
263.103
Original Service Plan: Signing and Taking Effect
263.104
Amended Service Plan
263.105
Review of Service Plan
263.106
Court Implementation of Service Plan
263.107
Visitation Plan
263.108
Review of Visitation Plan
263.109
Court Implementation of Visitation Plan
263.00201
Review of Placement in Qualified Residential Treatment Program
263.201
Status Hearing
263.202
Status Hearing
263.203
Appointment of Attorney Ad Litem
263.302
Child’s Attendance at Hearing
263.303
Permanency Progress Report Before Final Order
263.304
Initial Permanency Hearing
263.305
Subsequent Permanency Hearings
263.306
Permanency Hearings Before Final Order
263.307
Factors in Determining Best Interest of Child
263.401
Dismissal After One Year
263.402
Limit on Extension
263.403
Monitored Return of Child to Parent
263.404
Final Order Appointing Department as Managing Conservator Without Terminating Parental Rights
263.405
Appeal of Final Order
263.406
Court Information System
263.407
Final Order Appointing Department as Managing Conservator of Certain Abandoned Children
263.408
Requirements for Appointment of Nonparent as Managing Conservator
263.409
Final Notification of Benefits Related to Kinship Verification
263.501
Permanency Hearing After Final Order
263.502
Permanency Progress Report After Final Order
263.601
Definitions
263.602
Extended Jurisdiction
263.603
Extended Jurisdiction to Determine Guardianship
263.604
Guardian’s Consent to Extended Jurisdiction
263.605
Continued or Renewed Appointment of Attorney Ad Litem, Guardian Ad Litem, or Volunteer Advocate
263.606
Duties of Attorney or Guardian Ad Litem
263.607
Prohibited Appointments and Orders
263.608
Rights of Young Adult
263.1021
Selection and Reimbursement of Service Provider
263.3025
Permanency Plan
263.3026
Permanency Goals
263.4011
Rendering Final Order
263.4041
Verification of Transition Plan
263.4055
Supreme Court Rules
263.5031
Permanency Hearings Following Final Order
263.6015
Trial Independence
263.6021
Voluntary Extended Jurisdiction for Young Adult Receiving Transitional Living Services

Accessed:
Mar. 23, 2024

§ 263.307’s source at texas​.gov