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Texas Family Code - FAM § 263.307. Factors in Determining Best Interest of Child

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(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.

(1) Except as provided in s. 822.24, a court of this state that has made a child custody determination consistent with s. 822.21 or 822.23 has exclusive, continuing jurisdiction over the determination until any of the following occurs:

(a) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships.

(b) A court of this state or a court of another state determines that the child, the child's parents, and all persons acting as parents do not presently reside in this state.

(2) A court of this state that has made a child custody determination and that does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under s. 822.21.

Cite this article: FindLaw.com - Texas Family Code - FAM § 263.307. Factors in Determining Best Interest of Child - last updated April 14, 2021 | https://codes.findlaw.com/tx/family-code/fam-sect-263-307.html


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