Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

B. Hearings Requiring a Best Interest Determination

1. The Adversary Hearing

a. When considering placement with relative:

•   The court shall place a child with a relative unless placement with a relative is not in the best interest of the child. Tex. Fam. Code § 262.201(n).

2. Permanency Hearing Before a Final Order

a. When determining whether to meet with a child:

•   The court shall consult with the child if the child is four years of age or older and if the court determines it is in the child's best interest. Tex. Fam. Code § 263.302.

b. When determining whether to send a child home:

•   At each Permanency Hearing before a final order is rendered, the court shall make a finding on whether the child's parents are willing and able to provide the child with a safe environment and whether the return of the child is in the child's best interest. Tex. Fam. Code § 263.306(a-1)(6). See also Tex. Fam. Code § 263.002(c).