Texas Child Protection Law Bench Book

2024 version: As effective October 1, 2024

D. DFPS Decisions That Must Consider Best Interest

1. When considering placement:

•   In selecting a placement for a child, DFPS shall consider whether the placement is in the child's best interest. In determining whether a placement is in a child's best interest, DFPS shall consider whether the placement:

◦   is the least restrictive setting for the child;

◦   is the closest in geographic proximity to the child's home;

◦   is the most able to meet the identified needs of the child; and

◦   satisfies any expressed interests of the child relating to placement, when developmentally appropriate. Tex. Fam. Code § 264.107(c).

2. When assessing a relative or designated placement:

•   Before placing a child with a proposed relative or other designated caregiver, DFPS must conduct an assessment to determine whether the proposed placement is in the child's best interest. Tex. Fam. Code § 264.754(b).