Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

A. Factors in Determining Best Interest of Children

The Holley factors below are a non-exclusive list of factors to consider:

•   Desires of the child;

•   Emotional and physical danger to child now and in future;

•   Parental abilities;

•   Programs available to assist parents;

•   Plans for the child by individuals or agency seeking custody;

•   Stability of home or proposed placement;

•   Any acts or omissions of a parent indicating the relationship is not proper; and

•   Any excuse for the acts or omissions of a parent. Holley v. Adams, 544 S. W. 2d 367 (Tex. 1976)

Factors in determining the best Interest of the child include, but are not limited to:

•   Child's age and physical and mental vulnerabilities;

•   Frequency and nature of out-of-home placements;

•   History of abusive or assaultive conduct by the child's family or others with access to home;

•   History of substance abuse by child's family or others with access to home;

•   Whether the perpetrator of the harm to child has been identified; and

•   For children 16 years of age or older, whether the permanency plan includes services to help the child transition from foster care to independent living. See Tex. Fam. Code § 263.307.

In considering the factors established by Tex. Fam. Code § 263.307, the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest.