B. Hearings Requiring a Best Interest Determination

The Adversary Hearing

When considering placement with relative or non-custodial parent:

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

Permanency Hearings before a Final Order

When making a finding that the child can’t be returned:

•   At each permanency hearing before a final order, the court shall make a finding on whether returning the child to the child’s home is safe and appropriate, whether the return is in the best interest of the child, and whether it is contrary to the welfare of the child for the child to return home. Tex. Fam. Code § 263.002(c); See also Tex. Fam. Code § 263.306(a-1)(6).

When determining whether to meet 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.